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2025 DAILYLAW 19299 (JHR)

UNCLE OF THE VICTIM v. STATE OF JHARKHAND

A.B.A./3845/2025 · 2025-08-01

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:21494 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3845 of 2025 ------ Uncle of the victim … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ramesh Kumar, Advocate. For the State : Mr. Nawin Kr. Singh, A.P.P. ----- 05/ 01.08.2025 1. Heard the parties. 2. This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 126(2), 115(2), 79/74/75/76/77 of Bharatiya Nyaya Sanhita, 2023. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The prosecution case as per the FIR is that the victim uncle (petitioner) used to make video of the informant secretly and also there is an allegation that the petitioner tried to blackmail the informant by that video and on 09.03.2025, he tried to outrage her modesty. 5. After hearing the parties, I find that the victim is none but the niece of this petitioner. The FIR is based on the incident which had taken place on 09.03.2025, but surprisingly this FIR has been lodged on 17.04.2025. However, this petitioner immediately on 09.03.2025 had informed the police (Annexure-2 of this petition) alleging a different story that on 09.03.2025, when he was sleeping in his house, the informant party came and assaulted him with axe and stick due to which he became injured. 6. Further from paragraph 15 of the case diary, it is clear that the petitioner has complied with the notice under Section 35(3) of the BNSS, 2023 and has appeared before the police and is cooperating with the investigation. 2025:JHHC:21494 2 7. Considering the delay in lodging the instant FIR which is more than one month and also the fact that for the incident of 09.03.2025, the petitioner has immediately given a written complaint before the police which is at Annexure 2 of this petition wherein the petitioner has intimated the police about the assault committed by the informant party in his house, as also considering the fact that petitioner is cooperating with the investigation, this Anticipatory Bail Application stands allowed. The petitioner above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Court of Chief Judicial Magistrate, at Ranchi in connection with Kanke P.S. Case No. 107 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Rashmi/ Cp-2