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2025 DAILYLAW 26645 (JHR)

SHANTI DEVI ALIAS SHANTI KUMARI v. THE STATE OF JHARKHAND

A.B.A./6963/2024 · 2025-04-09

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:11043 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6963 of 2024 ------ 1. Shanti Devi @ Shanti Kumari, aged about 23 years, W/o Naresh Mahto, resident of village and P.O.-Adla @ Edla, P.S.-Simariya, District-Chatra (Jharkhand). 2. Rani Kumari @ Rani Devi, aged about 20 years, w/o Balram Mahto, resident of Loharsi, P.O. & P.S.-Panki, District-Palamau (Jharkhand). 3. Sudhir Kumar, aged about 23 years, s/o Bhuneshwar Mahto, resident of village & P.O.-Dahu, P.S.-Tandwa, District-Chatra (Jharkhand). 4. Hulash Mahto, aged about 47 years, s/o Khutan Mahto, resident of Village & P.O.-Dahu, P.S.-Tandwa, District-Chatra (Jharkhand). 5. Pushpa Devi, aged about 41 years, w/o Bhuneshwar Mahto, resident of village & P.O.-Dahu, P.S.-Tandwa, District-Chatra (Jharkhand). .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Mukesh Kumar, Advocate For the State : Mr. Sanat Kr. Jha, Addl.P.P. ------ Order No.04 Dated- 09/04/2025 I.A. No.4313 of 2025 Heard the parties. Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer for early hearing of the instant anticipatory bail application. Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.6963 of 2024 Apprehending their arrest in connection with Tandwa P.S. Case No.195 of 2024 instituted for the offences punishable under Sections 323, 376 and 34 of the Indian Penal Code and under Section 4/8 of the POCSO Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners being the family members of co-accused Mithilesh Kumar, who committed penetrative sexual assault upon the minor victim girl and also caused sexual harassment of her by committed rape upon her; has driven out the victim from their house. It is next submitted that the allegation against the petitioners is false. It is then submitted that the main allegation is against Mithilesh Kumar who is not the petitioner before this Court. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner 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 Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the 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.10,000/- each as cash security 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 Special Judge, POCSO Act, Chatra in connection with Tandwa P.S. Case No.195 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 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.) Abhiraj/