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2025 DAILYLAW 15249 (JHR)

KANCHAN DEVI v. THE STATE OF JHARKHAND

Cr.A(SJ)/288/2024 · 2025-01-13

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 288 of 2024 ------ 1. Kanchan Devi, aged about 58 years, W/o. Sahdeo Modi. 2. Sahdeo Modi @ Sahdeo Prasad Barnwal, aged about 60 years, S/o. Jagdish Modi. 3. Krishna Modi @ Krishna Kumar Modi, aged about 58 years, S/o. Jagdish Modi. All are R/o. Vill.- Tokotand, P.O.- Taranakho, P.S.- Dhanwar, Dist.- Giridih. … … Appellants -Versus - 1. The State of Jharkhand 2. Prakash Paswan, S/o. Jitlal Dushad, R/o. Vill.- Nawadih, P.O.- Taranakho, P.S.- Dhanwar, Dist.- Giridih. ... … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Appellants : Mr. Vijay Kumar Roy, Advocate For the State : Mr. Gautam Rakesh, A.P.P. For the Resp. No. 02 : None ------ 07/13.01.2025 Nobody appears on behalf of the respondent no. 02. Heard, learned counsel appearing on behalf of the appellants as well as learned A.P.P. appearing on behalf of the State. 2. The appellants are apprehending their arrest in connection with SC/ST Complaint Case No. 82/2018, for the offences registered under Sections 147, 149, 341, 323, 354, 427, 504 & 506 of the I.P.C. and Section 3(r)(w) of the SC/ST Act, pending in the Court of learned Special Judge, SC/ST Court, Giridih. 3. This case arises out of a complaint case. It is alleged that the appellants and the co-accused persons had land dispute. They had tried to dispossess the complainant from the said land. It is further alleged that the appellants had abused the respondent no. 2 by calling his caste name. The accused persons had also assaulted him and his wife, causing injuries. 4. It was submitted that similarly situated co-accused persons namely Mahesh Modi @ Mahesh Prasad, Ramchandra Modi & Vinay Kumar Modi @ Vinay Modi have been granted Anticipatory Bail by the co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 650/2022. It was further submitted that another co-accused namely Shashikant Shinkar has been granted Anticipatory bail by another Co-ordinate Bench of this Court in Cr. Appeal (S.J.) No. 75/2024 and the case of these appellants stands on similar footing. 5. It appears that the dispute had taken place due to land dispute between the parties. It further appears that there is general and omnibus allegation again the appellants. 5. In view of the aforesaid facts, I am inclined to extend the privilege of Anticipatory bail to the appellants. Accordingly, the appellants, above named, are directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on their surrender, shall release them on Anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST Court, Giridih in connection with SC/ST Complaint Case No. 82/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ambuj Nath, J.) Rahul/-