Cr.M.P./3603/2022 of BHIRGUN RAM Vs THE STATE OF JHARKHAND on 23 December 2022

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No.3603 of 2022

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Bhirgun Ram … Petitioner Versus …The State of Jharkhand Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Ajay Kr. Pathak, Advocate For the State : Mr. Manoj Kr. Mishra, Addl.P.P. For the Informant : Ms. Khushboo Kumari, Advocate

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-Order No.03 Dated 23/12/2022

Heard the parties.

This criminal miscellaneous petition has been filed by the petitioner with a prayer for modification of the order dated 20.12.2021 passed in A.B.A. No.9317 of 2021.

It is submitted by the learned counsel for the petitioner that vide order dated 20.12.2021 passed in A.B.A. No.9317 of 2021, the petitioner was given the privileges of anticipatory bail and directed to surrender before the court below within six weeks upon his undertaking to deposit a demand draft of Rs.9,21,115/- drawn in favour of the informant. Learned counsel for the petitioner and learned counsel for the informant jointly draw the attention of this Court towards the certified copy of the petition jointly filed by the informant and the petitioner kept at Annexure-2 page-15-16 of the brief and they jointly submit that the parties have settled the matter and the money has been received by the informant. Hence, it is submitted that the order dated 20.12.2021 passed in A.B.A. No.9317 of 2021 be modified accordingly.

Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for modification of the order dated 20.12.2021 passed in A.B.A. No.9317 of 2021 is allowed. Accordingly, the operative portion of the order dated 20.12.2021 passed in A.B.A. No.9317 of 2021 is modified as under:- “Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Grahwa, in connection with Garhwa P.S. Case No.225 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.”

The order dated 20.12.2021 passed in A.B.A. No.9317 of 2021 is modified to the aforesaid extent only.

This criminal miscellaneous petition is disposed of accordingly.

.(Anil Kumar Choudhary, J)