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2025 DAILYLAW 22639 (JHR)

SMT. SHITAL YADAV v. STATE OF JHARKHAND

A.B.A./5248/2024 · 2025-04-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12216 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5248 of 2024 Smt. Shital Yadav @ Shital Nagle @ Shital Yadav, wife of Narendra Kumar, resident of Judge Colony, Road No. 1, C.H. Area, P.O and P.S. Bistupur, Town- Jamshedpur, District- East Singhbhum (Jharkhand). ..Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. A.K. Kashyap, Sr. Advocate. For the State : Ms. Anuradha Sahay, A.P.P. For the informant: M/s Vishal Kr. Trivedi and Rishu Ranjan, Advocates. …..... 06/24.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 376(2)(N), 313, 498A, 504, 506 and 34 IPC. Heard learned senior counsel for the parties at length and had gone through the documents, annexed along with this application. Opportunity was given to the State and the informant to oppose the bail, which they availed and opposed. There is allegation in the FIR that the husband of the petitioner was earlier having some affair with another lady, who was a maid servant working in his house. It has been further alleged that there was sexual intercourse and the informant stayed with the husband of this petitioner for pretty long time and thereafter he married this petitioner. It is stated that when this informant had confronted them, this petitioner has also assaulted her. From the entire materials on record and after hearing the parties, I find that the allegation against this petitioner is that she married with Narendra Kumar, who is the co-accused. Whatever happened with the informant and Narendra Kumar is prior to the marriage of this petitioner, it is alleged that later on, Narendra Kumar married this petitioner, for which, the entire dispute arose between the informant and Narendra Kumar and when the informant came to the house this petitioner being the wife she could not accept the said allegation and assaulted the informant. The main allegation is against Narendra Kumar and not against this petitioner. Considering the aforesaid facts, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of her surrender/arrest, the court below is directed to enlarge her on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, East Singhbhum at Jamshedpur in connection with Bistupur P.S. Case No. 227 of 2024, subject to condition that one of the bailers should be close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)