RAM KISUN MAHTO ALIAS RAM KISHUN MAHTO v. THE STATE OF JHARKHAND
A.B.A./539/2025 · 2025-01-27
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2856 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2856 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.539 of 2025
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1. Ram Kisun Mahto @ Ram Kishun Mahto, aged about 48 years, S/o Anand Mahto, R/O Cheri Ghojhu Toli, Arsande, P.O. & P.S. Kanke, District Ranchi, Jharkhand.
2. Balkishun Mahto, aged about 40 years, S/O Anand Mahto, R/O Cheri, P.O. Kamre, P.S. Kanke, District Ranchi, Jharkhand.
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Rishu Ranjan, Advocate
For the State
: Mr. Rakesh Kr. Sinha, Addl.P.P.
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Order No.02 Dated- 27/01/2025
Heard the parties.
Apprehending their arrest in connection with Kanke P.S. Case No.251 of 2024 instituted under Sections 191(2), 190, 115(2), 126(2), 352 & 76 of the B.N.S., 2023, 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 common object of the assembly used criminal force against the informant to disrobe her. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioner no.1 and 2 are brothers and the petitioners have been falsely implicated in this case because of village politics. It is next submitted that there is land dispute between the parties. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her family members in any manner and will not go to or near the house of the informant 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 C.J.M., Ranchi in connection with Kanke P.S. Case No.251 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 or any of her family members in any manner and will not go to or near the house of the informant 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/