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2025 DAILYLAW 19941 (JHR)

NIWARAN NAPIT ALIAS NIWARAN PRAMANIK v. THE STATE OF JHARKHAND

A.B.A./4754/2024 · 2025-02-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 4754 of 2024 1. Niwaran Napit @Niwaran Pramanik, aged about 66 years son of late Chutara Pramanik. 2. Bashisht Pramanik aged about 40 years 3. Ganesh Pramanik aged about 37 years, petitioner nos. 2 and 3 both sons of Niwaran Pramanik, all residents of village- Andhartelia, P.O. Dudhi Gazar, P.S. Chas(M), District-Bokaro. … Petitioners Versus 1. The State of Jharkhand 2. Menka Devi wife of Anand Pramanik, resident of village- Andhartelia, P.O. Dudhi Gazar, P.S. Chas(M), District-Bokaro. … opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Nisith Kr. Sahani, Adv. For the State : Mr. Azeemuddin , Addl.. PP For the O.P. No. 2 : Ms. Seema Kashyap, Adv. 05 / 27.02.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 1094 of 2023 registered under Sections 323, 341 of the Indian Penal Code and section 3 of the Prevention of Witch Craft Practices Act.. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of the common intention with the co-accused persons, caused hurt to the complainant, called her ‘daain’, made her naked and paraded her throughout the village, by dragging her. It is then submitted that the allegations against the petitioners are all false and the complainant has made exaggerated claim in her complaint and because of the old enmity between the petitioner and the complainant, who is the next door neighbor of the petitioners, has foisted a false case against the petitioners. It is further submitted by learned counsel for the petitioners that a proceeding under section 107 of CrPC vide M.P. case no. 523 of 2017 is also pending between the parties. It is next submitted that the petitioners are ready to co-operate with the trial of the case and also undertakes to furnish sufficient security including cash security and they undertake not to annoy or disturb the complainant in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 10,000/- each as cash security 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 JMFC, Bokaro in connection with C.P. Case No. 1094 of 2023 subject to the condition that the petitioners will not annoy or disturb the complainant in any manner during pendency of the case and will co-operate with the trial of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-