PINTU DAS ALIAS PINTU KUMBHAKAR ALIAS SUBHANKAR KUMBHAKAR v. THE STATE OF JHARKHAND
A.B.A./3673/2024 · 2025-01-30
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16247 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16247 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3659 of 2024
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1. Bhendi Das @ Madhuri Das, aged about 51 years, wife of Ananda Das @ Anand Goswami
2. Krishna Goswami, aged about 32 years, son of Anant Goswami @ Anand Goswami
3. Riya Devi @ Riya Das, aged about 23 years, wife of Krishna Goswami All are resident of Village Bhaljoria, P.O. and P.S. –Nirsa, District –Dhanbad.
… Petitioner
Versus The State of Jharkhand
… Opposite Party
With A.B.A. No. 3673 of 2024
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1. Pintu Das @ Pintu Kumbhakar @ Subhankar Kumbhakar, aged about 42 years, son of Biswanath Kumbhakar
2. Umesh Kumbhakar @ Umesh Kumbhkar, aged about 31 years, son of Laltu @ Shrikant Kumbhakar @ Srikant Kumbhkar Both Resident of village –Bhaljoria, P.O. and P.S. –Nirsa, District - Dhanbad
… Petitioners
Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate
: Mr. Rohan Mazumdar, Advocate For the State
: Mr. Sunil Kr. Dubey, Addl. P.P.
: Mr. Shiv Shankar Kr, Addl. P.P. For the Informant : Mr. Shailesh Kr. Singh, Advocate ------
Order No.09 Dated- 30.01.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Nirsa P.S. Case No.337 of 2023 registered under sections 306/34 of the Indian Penal Code.
Since both the anticipatory bail applications have been filed with the prayer for anticipatory bail in connection with the same case i.e. Nirsa P.S. Case No. 337 of 2023, hence both the anticipatory bail applications are
disposed of together.
The learned senior counsel for the petitioners submits that the allegation against the petitioners is that the petitioners have abetted the commission of suicide of the deceased Tapan Das. It is further submitted that the allegations against the petitioners are all false. It is then submitted that
Tapan Das committed rape upon the petitioner no.3 of A.B.A. No. 3659 of 2024 and in respect of the same Nirsa P.S. Case No. 336 of 2023 has been registered. It is next submitted that the allegation of the deceased being paraded half naked is of 26.09.2023 but the alleged commission of suicide is not immediately after that rather, the same took place after a considerable period of time on 03.10.2023, therefore, it cannot be said that for the said incident of 26.09.2023, the deceased committed suicide, after such a long time. It is then submitted that since the petitioner no.3 has instituted Nirsa P.S. Case No. 336 of 2023, the rest of the petitioners who are the close relatives of the petitioner no.3 have been falsely implicated in this case. 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 Magistrae -1st Class, Dhanbad, in connection with Nirsa P.S. Case No.337 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-