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2025 DAILYLAW 19861 (JHR)

DAYANAND YADAV ALIAS DYANAND YADAV v. THE STATE OF JHARKHAND

A.B.A./3936/2025 · 2025-07-28

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20652 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3936 of 2025 ----- 1.Dayanand Yadav @ Dyanand Yadav, S/o Naresh Yadav, R/o Kusum Tola, Dhahrlangi, Makhni, Godda, P.O. Godda, P.S. Godda (M), District- Godda 2.Kalachand Yadav, S/o Naresh yadav, R/o Kusum Tola, Dhahrlangi, Makhni, Godda, P.O. Godda, P.S. Godda (M), District- Godda .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Aishwarya Prakash, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl. P.P. …...... 04/ 28.07.2025: Heard, learned counsel for the parties. 2. This is an application filed by the petitioners praying for grant of anticipatory bail under Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending their arrest for the offences under Sections 191(2), 191(3), 190, 109, 303(2), 126(2) and 127(2) of Bhartiya Nyay Sanhita, 2023, in connection with Godda Muffasil P.S. Case No.41 of 2025, pending in the Court of learned Chief Judicial Magistrate, Godda. 3. The allegation in the F.I.R. is that the informant’s daughter was being assaulted by the petitioners and others. On receiving the said information, the informant went to the place of occurrence and saw the incident. The reason of the incident is that the ox of his daughter had dashed against one of the petitioners, resulting in fracture of the leg. 4. After hearing the parties, I find that there is allegation against the petitioners of assault upon the daughter of the informant. She was brought down and was assaulted with sticks. Thus, I find that this is not a fit case for grant of anticipatory bail to the petitioners, but after going through the order and F.I.R., I am of the opinion that Section 109 of BNSS cannot be attracted in this case. 5. Accordingly, the instant anticipatory bail application stands disposed of. 6. If petitioners appear before the concerned Court their case will be considered individually, considering the individual overt act and will pass an appropriate order on their appearance. 7. Be it noted the observations given herein is only for the purpose of considering the bail application of the petitioners. (ANANDA SEN, J.) R.S./