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2025 DAILYLAW 24487 (JHR)

MANJU KUNKAL ALIAS MANJU BIRUA v. STATE OF JHARKHAND

A.B.A./5871/2024 · 2025-02-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5871 of 2024 ------ 1. Manju Kunkal @ Manju Birua, aged about 61 years Wife of Late Shiv Shankar Kunkal 2. Rina Birua, aged about 35 years Daughter of Late Shiv Shankar Kunka, Wife of Mohan Singh Birualy 3. Suraj Birua, aged about 22 years, son of Late Shiv Shankar Kunkal, all resident of Village-Balkand, P.O.-Manjhari, P.S.- Manjhari, Dist.-West Singhbhum .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Mrs. Mohua Palit, Addl. P.P ------ Order No.07 Dated- 27.02.2025 I.A. No.2270 of 2025 Heard the parties. Learned counsel for the petitioners submits that this interlocutory application has been filed for not pressing the prayer for anticipatory bail on behalf of the petitioner No.1 namely Manju Kunkal @ Manju Birua and petitioner no.2 namely, Rina Birua as they have been arrested. Prayer is allowed. Accordingly, this anticipatory bail application stands rejected as not pressed in respect of the petitioner No.1 namely Manju Kunkal @ Manju Birua and petitioner no.2 namely, Rina Birua. This interlocutory application stands disposed accordingly. (Anil Kumar Choudhary, J.) A.B.A. No.5871 of 2024. Heard the parties. Apprehending his arrest in connection with Manjhari P.S. Case No.0012 of 2024 instituted under Sections 342, 323 and 307/34 of the Indian Penal Code and Section ¾ the Prevention of witch (DAAIN) Practices Act 2001, the petitioner No.3 namely Suraj Birua has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner No.3 namely Suraj Birua is that the petitioner no.3 in furtherance of common intention with the co-accused has attempted murder of Tulsi Purty called him warlock (Daain). It is next submitted that there is no allegation of any dangerous weapon having been used by the petitioner no.3. It is also submitted that the petitioner no.3 undertakes that he will not annoy or disturb the victim in any manner during the pendency of the case. It is lastly submitted that the petitioner no.3 undertakes to cooperate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner No.3. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner no.3. Accordingly, the petitioner No.3 is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Chaibasa, West Singhbhum in connection with Manjhari P.S. Case No.0012 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and petitioner undertakes that he will not annoy or disturb the victim in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/