SHALINI HEMBRAM ALIAS SHASHINI HEMBRAM v. THE STATE OF JHARKHAND
A.B.A./4531/2024 · 2025-04-22
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19128 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19128 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11949 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4531 of 2024 Shalini Hembram @ Shashini Hembram, wife of Joseph Murmu, resident of village Piyaram, P.O Kusumghati, P.S. Lalamatiya, District-Godda.... Petitioner(s).
Versus
1. The State of Jharkhand
2. Umesh Prasad Manjhi.
… Opp. Party(s).
------ CORAM :
SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. S.P. Roy, Advocate. For the State : Mr. Rakesh Kr. Sinha, A.P.P …..... 03/22.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 420, 419, 409, 468, 467, 471, 465 PC. Heard learned counsel for the parties at length and gone through the documents, annexed along with this application. Opportunity was given to the State to oppose the bail, which the State availed and opposed. Admitted fact is that this case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. The impugned order does not suggest any of the aforesaid situation. Thus in a complaint case, since there is no necessity of custodial interrogation, I am inclined to release this petitioner on anticipatory bail. Accordingly, this anticipatory bail application stands allowed. The petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Godda, in connection with Complaint Case No./PCR Case No. 225 of 2017, subject to condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3
(ANANDA SEN, J.)