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High Court of Jharkhand · body

2025 DAILYLAW 26518 (JHR)

NIRANJAN RAY ALIAS NIRANJAN KUMAR RAY ALIAS SHANKAR RAJ v. THE STATE OF JHARKHAND

A.B.A./366/2025 · 2025-01-24

Anil Kumar Choudhary

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 366 of 2025 1. Niranjan Ray @ Niranjan Kumar Ray @ Shankar Ray, aged about 34 years, s/o Jaynath Ray 2. Bhushan Ray @ Bhushan Kumar Ray, aged about 25 yers, S/o Jaynath Ray, both R/o village- Ghatiyari, P.O.- Bichkorwa, P.S.- Chakai, Dist. – Jamui, Bihar … Petitioners Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Prashant Kr. Rai , Adv. For the State : Mr. Sanat Kr. Jha , Addl.PP 02 / 24.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jamua P.S. Case No. 104 of 2024 registered under Sections 366(A)/ 34 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of the common intention with the co-accused persons, enticed away the minor victim girl. It is then submitted that the allegations against the petitioners are all false and the victim is a major lady, aged about 19 years. It is further submitted by learned counsel for the petitioners that admittedly, the victim went with her elder sister and on the provocation of the villagers, this false case has been instituted. It is next submitted that the father of the victim fixed the marriage of the victim with the petitioner no. 2 herein but suppressing the said fact, this false case has been foisted. The victim is residing happily with her husband, who is the petitioner no. 2 herein. It is next submitted that the matter has been compromised between the parties and in this respect, the learned counsel for the petitioner draws attention of the court to the copy of the certified copy of the petition (Annexure 2) filed by the informant in the court of learned JMFC, Giridih. It is next submitted that the petitioners are ready to co-operate with the investigation of the case hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC, Giridih in connection with Jamua P.S. Case No. 104 of 2024 subject to the condition that the petitioners 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/-