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2025 DAILYLAW 21795 (JHR)

ANIL KUMAR v. THE STATE OF JHARKHAND

A.B.A./5434/2024 · 2025-04-29

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12764 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5434 of 2024 1. Anil Kumar, S/o late Laxman Mahto, R/o village Tehro Satgawan, PS: Satgawan, PO-Satgawan, District Koderma. 2. Devanti Devi, W/o Anil Kumar, R/o village Khutta Satgawan, PS: Satgawan, PO Khutta, District Koderma. …. Petitioners Versus 1.The State of Jharkhand 2. Saryu Sao @ Suraj Sao, S/o late Amrit Sao, R/o village Nawadih, PO Khutta, PS: Satgawan, District Koderma …. Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s) : Mr. Sanjeev Kumar, Advocate. For the State : Mr. Sunil Kumar Dubey, APP For the OP no.2 : Mr. R.P. Gupta, Advocate ----- 03/29.04.2025: This is an application filed by the petitioners praying for grant of anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioners have been allegedly implicated in Complaint Case No. 1310 of 2023, registered for the offences punishable under sections 147, 384, 120B, 420, 467, 468,471 of the Indian Penal Code, pending in the court of learned JM-1st Class, Koderma. 2. Heard the learned counsel for the petitioners, learned counsel appearing on behalf of OP No.2 and the learned counsel for the State. The learned counsel for the State and the learned counsel for the OP No.2 have vehemently opposed the prayer for anticipatory bail of the petitioners. 3. Admitted fact is that the 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. 4. The impugned order does not suggest any of the aforesaid situations. Since there is no necessity of custodial interrogation, the petitioners are directed to surrender before the learned court below and upon their surrender the learned court below will consider their case as per law. 5. This application is thus disposed of. (ANANDA SEN, J. ) KNR/