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2025 DAILYLAW 25868 (JHR)

SHARMILA KUMARI v. THE STATE OF JHARKHAND

A.B.A./6205/2024 · 2025-02-04

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 6205 of 2024 Sharmila Kumari aged about 31 years wife of Amrendra Prajapati @Amod Prajapati, resident of village- Hazari, P.O.- Swang, P.S- Gomia, District-Bokaro. … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Ms. Pinki Kumari , Adv. For the State : Mr. Achinto Sen , Addl.PP 05 / 04.02.2025 Heard the parties. Learned counsel appearing for the petitioner files the supplementary affidavit. Keep the same in the record. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gomia P.S. Case No. 73 of 2024 registered under Sections 454 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is occupying the quarter of the employer of the informant consequent upon the unauthorized possession of the same, by breaking open the lock, taken by the husband of the petitioner namely Amod Prajapati. It is then submitted that the allegations against the petitioner are all false. Drawing attention of the court to para 2 of the supplementary affidavit, it is submitted by learned counsel for the petitioner that said quarter has since been vacated by the petitioner and an application has also been made to the officer in- charge of Gomia Police Station by the petitioner. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes not to go to or occupy the quarter bearing type III-10, CCL Quarter, during pendency of the case. It is next submitted that the co-accused with similar allegations has already been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 19.11.2024 passed in ABA no. 6619 of 2024, hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Bermo at Tenughat in connection with Gomia P.S. Case No. 73 of 2024 subject to the condition that the petitioner will not go to or occupy the quarter bearing type III-10, CCL Quarter, 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/-