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2025 DAILYLAW 14600 (JHR)

RANJIT KUMBHAKAR ALIAS RANJEET KUMBHKAR v. THE STATE OF JHARKHAND

A.B.A./3348/2024 · 2025-01-30

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3348 of 2024 ------ 1. Ranjit Kumbhakar @ Ranjeet Kumbhkar, aged about 33 years, son of Dugai Kumar @ Dugai Kumbhkar 2. Dugai @ Bhairab Chandra Kumbhakar @ Bhairab Ch. Kumbhakar @ Bhairav Kumbhkar, aged about 48 years, son of Fatik Kumbhakar @ Fatik Kumbhkar 3. Karan Singh, aged about 26 years, son of Kailash Singh 4. Krishna Goswami, aged about 32 years, son of Anant Goswami 5. Riya Devi @ Riya Dasi, aged about 23 years, wife of Krishna Goswami 6. Pintu Kumbhakar @ Subhankar Kumbhakar @ Pintu Kumbhkar, aged about 42 years, son of Biswanath Kumbhakar @ Bishwnath Kumbhkar 7. Pradeep Banerjee @ Pradip Banerjee, aged about 38 years, son of Swapan Banerjee 8. Ranbijay Kumbhakar @ Ranvijay Kumbhkar, aged about 27 years, son of Gour Kumbhkar @ Gaur Kumbhkar 9. Narayan Kumbhakar @ Narayan Kumbhkar, aged about 36 years, son of Pawan Kumbhakar @ Late Pawan Kumbhkar 10. Umesh Kumbhakar @ Manoj Kumbhkar, aged about 31 years, son of Shrikant Kumbhakar @ Laltu @ Srikant Kumbhkar 11. Ambuj Kumbhakar @ Ambuj Kumbhkar, aged about 47 years, Son of Rishikesh Kumbhakar @ Late Rishi Kumbhkar All are Resident of Bhaljoria, P.O. and P.S. –Nirsa, District - Dhanbad … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate : Mr. Rohan Mazumdar, Advocate For the State : Mr. Satish Prasad, Addl. P.P. For the Informant : Md. Zaid Ahmed, Advocate ------ Order No.07 Dated- 30.01.2025 Heard the parties. Apprehending their arrest, the petitioners has moved this Court for grant of privilege of anticipatory bail in connection with Nirsa P.S. Case No.335 of 2023 registered under sections 341/323/354B/379/504/506/34 of the Indian Penal Code. The learned senior counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of their common intention with the co-accused persons have committed theft and outraged the modesty of the wife and daughter of the informant. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner no.5 has instituted Nirsa P.S. Case No. 336 of 2023 against the informant of this case and in retaliation, this case has been instituted by showing a preponed occurrence, prior to the occurrence of the said Nirsa P.S. Case No. 336 of 2023. It is next submitted that the petitioners and the informant are related to each other. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. and the learned counsel for the informant opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.5,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Dhanbad, in connection with Nirsa P.S. Case No.335 of 2023 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) of the Cr.P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-