SHASHI PRAKASH MALTO ALIAS SHASHI PRAKASH MO. v. THE STATE OF JHARKHAND
A.B.A./11/2025 · 2025-01-08
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30963 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30963 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.11 of 2025
------ Shashi Prakash Malto @ Shashi Prakash Mo.
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Ms. Vani Kumari, Advocate
For the State
: Mr. Achinto Sen, Addl.P.P.
For the Informant : Mr. Akshay Kumar, Advocate
------
Order No.02 Dated-08-01-2025
Heard the parties.
Apprehending his arrest in connection with Lalmatia P.S. Case No.81 of 2024 instituted under Sections 69, 89, 351(2) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner allured the victim with marriage and committed repeated sexual intercourse with the victim and administered medicine to her resulting in miscarriage of the child. It is next submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-11 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent.
Learned counsel for the petitioner and the learned counsel for the opposite party No.2 jointly submit that a compromise has been entered into between the parties and the parties have filed a joint compromise petition in the court of learned Additional Sessions Judge-II, Godda in A.B.P. No.509 of 2024, copy of which has been annexed with the supplementary affidavit filed in this Anticipatory Bail Application. It is next submitted that because of misunderstanding, the case was instituted. It is further submitted that both the informant-victim and the petitioner are major. It is lastly submitted by the learned counsel for the petitioner is that the petitioner undertakes to co- operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State and the learned counsel appearing for the informant oppose the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Godda in connection with Lalmatia P.S. Case No.81 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Saroj/