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2025 DAILYLAW 28510 (JHR)

SOHRAI MIRDHA v. THE STATE OF JHARKHAND

A.B.A./7943/2024 · 2025-01-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7943 of 2024 ------ Sohrai Mirdha, aged about 80 years, S/o Late Ram Ratan Mirdha, R/o Village- Arki Lowatoli, P.O. + P.S.- Arki, Dist- Khunti, Jharkhand- 835225 .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Khudiram Singh Munda, aged about 65 years, S/o Gopal Singh Munda, R/o- Village- Arki Lowatoli, P.O.+P.S.- Arki, Dist- Khunti, Jharkhand- 835225 .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajeev Ranjan Raj, Advocate For the State : Mr. Saket Kumar, Addl.P.P ------ Order No.03 Dated-10-01-2025 Heard the parties. Apprehending his arrest in connection with Arki P.S. Case No.41 of 2023 instituted under Sections 384/403/406/420/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner requested the complainant to pay Rs.1,45,000/- for construction of the house and other work and the complainant gave the said money with an assurance by the petitioner to return the same within three months but he did not return the same and assaulted the complainant-informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is an older man of 80 years. Drawing attention of this Court towards para-27 of the instant Anticipatory Bail Application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner undertakes that he 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 petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 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. Accordingly, the petitioner 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.10,000/- 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 C.J.M., Khunti in connection with Arki P.S. Case No.41 of 2023 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 he 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.) Saroj/