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2025 DAILYLAW 28262 (JHR)

NEMIYA DEVI v. STATE OF JHARKHAND

A.B.A./7824/2024 · 2025-01-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7824 of 2024 ------ 1. Nemiya Devi 2. Churaman Das 3. Mohan Das 4. Chetan Das 5. Soniya Devi @ Soni Devi 6. Gudiya Devi @ Gudi Devi .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ram Lakhan Yadav, Advocate Ms. Savita Kumari, Advocate For the State : Mr. Saket Kumar, Addl.P.P ------ Order No.04 Dated- 06-01-2025 Heard the parties. Apprehending their arrest in connection with Ahilyapur P.S. Case No.30 of 2023 instituted under Sections 147, 148, 149, 323, 324, 307, 379 and 506 of the Indian Penal Code, 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 were members of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder Yamuna Mahto and Shankar Verma and committed theft of Rs.2,500/- from the pocket of Budhan Mahto. It is submitted that the allegation against the petitioners is false. It is next submitted that the injuries sustained by the victims are simple in nature caused by hard and blunt substances as mentioned in the rejection order of the anticipatory bail petition passed by the learned Additional Sessions Judge-IV, Giridih in A.B.P. No.2214 of 2023 dated 08.12.2023. It is further submitted that for the self-same occurrence, from the side of the petitioners, the husband of the petitioner No.6 instituted Ahilyapur P.S. Case No.29 of 2023 and as a counter-blast, this false case has been foisted against the petitioners. It is then submitted that there was a free-fight between the parties and the petitioners had no intention to kill anybody. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members 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 S.D.J.M., Giridih in connection with Ahilyapur P.S. Case No.30 of 2023 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or any of his family members 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.) Animesh/