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GOBIS MAHTHA ALIAS GOPESH MAHTHA v. THE STATE OF JHARKHAND

Court: High Court of Jharkhand

Bench: HON'BLE MR.JUSTICE RAJESH SHANKAR

Judgment date:

Case summary

High Court of Jharkhand judgment dated 2024-12-04. GOBIS MAHTHA ALIAS GOPESH MAHTHA v. THE STATE OF JHARKHAND. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 7249 of 2024 ----- Gobis Mahtha @ Gopesh Mahtha, S/o Shivcharan Mahtha, Mohalla Gandhi Nagar, Barmasiya, P. S. Deoghar Town, District Deoghar. .......... Petitioner. -Versus- The State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sudhansu Kr. Deo, Advocate For the State : Mr. Sudhir Kr. Mahto, APP ----- Order No. 04 Date: 04. 12. 2024 1. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. On perusal of the written report of the informant, it would be evident that the petitioner allegedly after beating the informant snatched golden locket from his neck. The said allegation is completely false and concocted.

The petitioner has been roped in the present case by the informant due to previous enmity. So far as the criminal antecedent of the petitioner is concerned, he has already been acquitted by the concerned trial courts in Deoghar Town P. S. Case no. 55 of 2001, Deoghar Town P. S. Case No. 141 of 2002 and Deoghar Town P. S. Case No. 33 of 2006. Moreover, he has already been granted bail by the concerned courts below in Deoghar Town P. S. Case no. 364 of 2019 registered under Sections 323, 341, 379, 307 & 34 of the Indian Penal Code and Deoghar Town P. S. Case no. 395 of 2021 registered under Sections 341, 323, 498A, 406 & 384 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The petitioner, however, undertakes to co-operate in ongoing investigation of the case. Hence, he may be given the privilege of anticipatory bail. 3. Learned A. P. P. opposes the petitioner’s prayer for anticipatory bail. 4.

Having heard learned counsel for the parties, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount, each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar, in connection with Deoghar Town P. S. Case no. 364 of 2024, subject to the condition as laid down under Section 482(2) of the B. N. S. S. , 2023. (Rajesh Shankar, J. ) Sanjay/ -2- A. B. A. No. 7249 of 2024

Source: High Court of Jharkhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.