Prakash Prabhat ? Prakash Sao Vs. State of Jharkhand and anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/1024545
CourtJharkhand High Court
Decided OnAug-30-2013
AppellantPrakash Prabhat ? Prakash Sao
RespondentState of Jharkhand and anr
Excerpt:
in the high court of jharkhand at ranchi a.b.a. no. 682 of 2012 prakash prabhat @ prakash sao ... petitioner -v e r s u s- the state of jharkhand & another ... opposite parties coram: honble mr. justice prashant kumar. for the petitioner : - mr. jai shankar tripathy, advocate for the state : - mr. s.s. prasad, a.p.p. for the o.p. no. 2 : - mr. a.n. deo, advocate. 12/30.08.2013 anticipatory bail application filed by prakash prabhat @ prakash sao, is moved by sri jai shankar tripathy, learned counsel for the petitioner and opposed by sri s.s. prasad, learned additional p.p. for the state and sri a.n. deo, learned counsel for the opposite party no.2. it appears that the petitioner and opposite party no. 2 had settled their dispute and both the parties are residing together. i.a. no. 6557 of 2013 has been filed by the petitioner, wherein it is stated that the opposite party is pregnant. it is further stated that due to advance stage of pregnancy, she could not appear in court. sri a.n. deo, appearing for the opposite party no. 2, has not disputed aforesaid submission. considering the aforesaid facts and circumstances, i allow the anticipatory bail application and direct petitioner to surrender in the court below on or before 10.09.2013 and in the event of his surrender, the learned court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned a.c.j.m., bermo at tenughat, in connection with mahuwatand p.s. case no. 78 of 2011 corresponding to -2- g.r. no. 1216 of 2011, subject to the condition as laid down under section 438(2) of the cr.p.c. with further condition that petitioner shall give an undertaking in the court below that he will not torture or demand dowry from opposite party no. 2 in future. ( prashant kumar, j.) sunil/
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 682 of 2012 Prakash Prabhat @ Prakash Sao ... Petitioner -V e r s u s- The State of Jharkhand & Another ... Opposite Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mr. Jai Shankar Tripathy, Advocate For the State : - Mr. S.S. Prasad, A.P.P. For the O.P. No. 2 : - Mr. A.N. Deo, Advocate. 12/30.08.2013 Anticipatory bail application filed by Prakash Prabhat @ Prakash Sao, is moved by Sri Jai Shankar Tripathy, learned counsel for the petitioner and opposed by Sri S.S. Prasad, learned Additional P.P. for the State and Sri A.N. Deo, learned counsel for the opposite party no.

2. It appears that the petitioner and opposite party no. 2 had settled their dispute and both the parties are residing together. I.A. No. 6557 of 2013 has been filed by the petitioner, wherein it is stated that the opposite party is pregnant. It is further stated that due to advance stage of pregnancy, she could not appear in Court. Sri A.N. Deo, appearing for the opposite party no. 2, has not disputed aforesaid submission. Considering the aforesaid facts and circumstances, I allow the anticipatory bail application and direct petitioner to surrender in the court below on or before 10.09.2013 and in the event of his surrender, the learned court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bermo at Tenughat, in connection with Mahuwatand P.S. Case No. 78 of 2011 corresponding to -2- G.R. No. 1216 of 2011, subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that petitioner shall give an undertaking in the court below that he will not torture or demand dowry from opposite party no. 2 in future. ( Prashant Kumar, J.) sunil/