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2025 DAILYLAW 20005 (JHR)

NARHARI MAHATO ALIAS NARHARI MAHTO v. THE STATE OF JHARKHAND

A.B.A./4773/2024 · 2025-02-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 4773 of 2024 1. Narhari Mahato @ Narhari Mahto, Aged about-46 year, Son of Late Harkhu Mahato, 2. Bhagirath Mahato @ Bhagirath Mahto, Aged about-50 year, Son of Late Harkhu Mahato 3. Kunti Devi @ Kunti Mahato, Aged about-72 year, Wife of Late Harkhu Mahato 4. Kali Pada Mahato, Aged about-56 year, Son of Birbal Mahato Petitioner no. 1 to 4's Resident of Vill-Baliagora, P.O+P.S-Jaipur, District- Purulia, (West Bengal) 5. Manik Chandra Mahato, Aged about-41 year, Son of Chhuta Sambhu Mahato, Resident of Vill-Kalyanpur, P.O+P.S-Jaipur, District- Purulia, (West Bengal) 6. Ashwini Kumar Mahato @ Ashwini Mahato, Aged about-46 year, Son of Bhriguram Mahato, Resident of Vill- Chitahi, P.O+P.S-Jaipur, District- Purulia, (West Bengal) 7. Brighu Mahato @ Bhriguram Mahato, Aged about-46 year, Son of Digambour Mahato, Resident of Vill-Parnama, P.O+P.S- Jaipur, District- Purulia, (West Bengal) … Petitioners Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Krishna Prajapati, Adv. For the State : Mr. Rakesh Ranjan , Addl.. PP 04 / 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 Bokaro Steel City P.S. Case No. 212 of 2019 registered under Sections 147, 341, 323, 353, 363, 511 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners used criminal force against the public servant informant police personnel, deterring him from discharge his duties by forcibly trying to take away the kidnapped victim; who was produced before the court of learned Judicial Magistrate, for recording of her statement under section 164 of CrPc and custody of which, minor girl was by the court’s order was entrusted to her mother- Usha Devi. It is then submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and they undertake not to annoy or disturb the informant, the minor girl or Usha Devi in any manner nor will they try to take minor victim girl forcibly 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 Bokaro Steel City P.S. Case No. 212 of 2019 subject to the condition that the petitioners will not annoy or disturb the informant, the minor girl or Usha Devi in any manner nor will they try to take minor victim girl forcibly during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-