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M. S. RAMACHANDRA RAO, SUJIT NARAYAN PRASAD
Dhaneshwar Rana, S/o. Sri Sonu Rana – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 06.10.2023 passed in A.B.P. No.603 of 2023 by learned Sessions Judge, Chatra whereby and whereunder the prayer of the appellant for grant of anticipatory bail in connection with Complaint Case No.180 of 2019 registered under Sections 368, 369 and 370 of the Indian Penal Code, has been rejected.
Facts of the case
2. The prosecution case in brief is that the son of the complainant, Rajiv Pratap and daughter-in-law Rinki Kumari, bought land in Village Serendih and built house in which they were running an English Medium School. The son and daughter-in-law of the complainant used to live there with their three children. Due to dispute between the complainant’s son and daughter-in-law, they both committed suicide on 11.08.2017 leaving behind two daughters Ritika Kumari aged 8 years, daughter Kavi alias Butter aged about 3 years and a son Shahil Pratap aged about 17 months. The complainant, after giving information to Ichagarh Police Station and getting the postmortem done, took the dead body of his son and daughter-in-law to his village Serendih and
The court found no prima facie case for kidnapping or abduction as the complainant consented to the adoption of his grandchildren, leading to the quashing of the bail rejection order.
Anticipatory bail granted based on the victim's statement of voluntary departure and clean antecedents of the accused.
The court emphasized that the privilege of anticipatory bail should be extended only in exceptional cases and that the nature and gravity of the accusation, as well as the possibility of the petition....
Anticipatory bail should be granted cautiously, especially when a warrant of arrest is issued, and the absence of evidence supporting forcible abduction can justify its approval.
The court grants anticipatory bail based on lack of criminal antecedents and victim's statement.
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