Most. Kaushalya Devi Vs State of Jharkhand and Another

Jharkhand High Court 12 Mar 2013 A.B.A. No. 268 of 2013 (2013) 2 AJR 411
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

A.B.A. No. 268 of 2013

Hon'ble Bench

Prashant Kumar, J

Advocates

Prabhat Kumar Sinha, for the Appellant; Awanikant Prasad, Assistant Public Prosecutor, for State, for the Respondent

Final Decision

Allowed

Acts Referred

Criminal Procedure Code, 1973 (CrPC) — Section 438(2)

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

Prashant Kumar, J.@mdashAnticipatory bail application filed by Most. Kaushalya Devi is moved by Sri. Prabhat Kumar Sinha, learned counsel

for the petitioner and opposed by Sri. Awanikant Prasad Sinha, Addl. P.P. for the State. It is stated that petitioner received compensation for the

land acquired by the National Highway Authority of India. However, later on somebody has filed complaint that she is not the right person for

receiving compensation amount.

2. Accordingly, the District Land Acquisition Officer referred this matter to the Land Acquisition Judge, Hazaribagh for adjudication where the

matter is pending. During pendency of the case, the present First Information Report lodged by Kanoongo on the direction of District Land

Acquisition Officer. It is submitted that when the matter is pending for inquiry before Competent Civil Court then the authority ought to have waited

for the outcome of said judicial proceeding. Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner,

named above, to surrender in the Court below by 22.3.2013. If petitioner surrenders by that time, the Court below is directed to enlarge the

petitioner, named above, on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction

of C.J.M. Hazaribag in connection with Sadar P.S. case No. 287 of 2012, corresponding to G.R. No. 1159 of 2012, subject to the condition as

laid down u/s 438(2) of the Cr.P.C.

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