SANJAY KUMAR MANDAL ALIAS SANJAY MANDAL v. THE STATE OF JHARKHAND
A.B.A./218/2025 · 2025-01-21
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2428 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2428 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.218 of 2025
------
1. Sanjay Kumar Mandal @ Sanjay Mandal, aged about 47 years, son of Manpuran Mandal;
2. Rohit Kumar Mandal @ Rohit Mandal, aged about 19 years, son of Sanjay Kumar Mandal @ Sanjay Mandal;
3. Sita Devi, aged about 40 years, wife of Sanjay Kumar Mandal @ Sanjay Mandal; All are resident of Village Kandedih, P.O.- Brahmandiha, P.S.- Topchanchi, District- Dhanbad.
.... .... …. Petitioners
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate Mrs. Jasvindar Mazumdar, Advocate Mr. Naveen Kumar, Advocate Mr. Rohan Mazumdar, Advocate
For the State : Mr. Pankaj Kumar, P.P.
For the Informant : Mr. Ranjan Kumar, Advocate
------
Order No.02 Dated-21-01-2025
Heard the parties. Apprehending their arrest in connection with Rajganj P.S. Case No.55 of 2024 instituted under Sections 191(2)/191(3)/127(2)/115(2)/118(1)/303(2)/109/ 351(2)/352 of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were the member of an unlawful assembly and in prosecution of common object of the assembly, attempted to murder Rabindra Nath Mandal on the ground that his son married the daughter of the petitioner No.1. It is submitted that the allegation against the petitioners is false. Drawing attention to para-13 of the instant bail application, learned senior counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that the petitioners undertake that they will not annoy or disturb the informant, victim or their family members including the daughter of the petitioner No.1 who is now residing in the house of her husband, in any manner during the pendency of the case. It is further submitted that the petitioners undertake not to go to or near the house of the
informant/victim during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Public Prosecutor appearing for the State and the learned counsel for the informant on the other hand vehemently opposes the prayer for anticipatory bail of the petitioners and submits that there is every chance of the petitioners killing their daughter namely Soni Kumari and her husband- Akshay Kumar who is the son of the victim, if released on bail. Hence, it is submitted that they ought to not be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner No.1 and chance of his being threat to the members of the informant including his own daughter, this Court is not inclined to give the privileges of anticipatory bail to the petitioner No.1. Accordingly, the prayer for grant of privileges of anticipatory bail of the abovenamed petitioner No.1 is rejected.
Considering the submissions of learned counsels and the facts and circumstances stated above, the petitioner No.2 being a young boy of 19 years old and is pursuing his education in R.S. More College, Govindpur and the petitioner No.3 being a female; hence, this Court is inclined to give the privileges of anticipatory bail to them. Accordingly, the petitioner Nos.2 and 3 are directed to surrender before the learned court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- as cash security each and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Rajganj P.S. Case No.55 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant, victim or their family members including the daughter of the petitioner No.1 namely Soni Kumari and her husband namely Akshay Kumar and they will not go to or near the house of the informant/victim during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Saroj/
(Anil Kumar Choudhary, J.)