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2025 DAILYLAW 13596 (JHR)

SHYAMLAL YADAV v. THE STATE OF JHARKHAND

A.B.A./3108/2024 · 2025-03-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3108 of 2024 ------ 1. Shyamlal Yadav @ Shyamlal Gope, aged about 66 years S/o Gursahay Yadav. 2. Smt. Sangita Devi aged about 52 years W/o Shyamlal Yadav @ Shyamlal Gope. Both Resident of Village Pitij, P.O. and P.S. Itkhori District Chatra. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. P.P.N. Roy, Sr. Advocate : Mr. Pandey A.N. Roy, Advocate For the State : Mr. Addl. P.P. For the Informant : Mr. Mukesh Kr. Mehta, Advocate ------ Order No.09 Dated- 05/03/2025 Heard the parties. Apprehending their arrest in connection with Itkhori P.S. Case No.135 of 2023 instituted under Sections 313, 120B, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in criminal conspiracy with the co-accused persons has committed miscarriage of the informant without her consent for which the informant was treated in hospital from 11.11.2023 to 16.11.2023. It is next submitted that the allegations against the petitioners are false. It is next submitted that admittedly prior to this case, the informant lodged Balumath P.S. Case No.189 of 2022 against the petitioner inter alia involving the offences punishable under Section 498A of the Indian Penal Code and as per the terms and conditions of the anticipatory bail granted to the son of the petitioners in A.B.A. No.52 of 2023; the son of the petitioners undertook to resume conjugal life with the informant at the rented room taken by the son of the petitioners at Ranchi, but the informant deliberately went to the ancestral village of the petitioners where the petitioners reside in Pitij, with an evil intention of harassing the petitioners and prior to institution of this case, the petitioner no.1 lodged online complaint vide complaint no.925369 from his village Pitij under Itkhori Police Station. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chatra in connection with Itkhori P.S. Case No.135 of 2023 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Abhiraj/