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2025 DAILYLAW 2864 (JHR)

JITENDRA KUMAR ALIAS JITENDRA KUMAR PANDIT v. THE STATE OF JHARKHAND

A.B.A./246/2025 · 2025-01-22

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.246 of 2025 ------ 1. Jitendra Kumar @ Jitendra Kumar Pandit, aged about 27 Years, S/o Madan Pandit 2. Surendra Kumar Pandit, aged about 36 years, S/o Madan Pandit 3. Madan Pandit, aged about 57 years, S/o Rameshwar Kumhar All residents of Village-Nawadih, P.O.-Behradih, P.S.- Domchanch, Dist.-Koderma (Jharkhand) .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Ms. Rashmi Kumar, Advocate Mr. Nupur Singh, Advocate For the State : Ms. Ruby Pandey, A.P.P ------ Order No.02 Dated- 22-01-2025 Heard the parties. Apprehending their arrest in connection with Domchanch P.S. Case No.81 of 2024 instituted under Sections 126 (2)/127(2)/ 115(2)/ 117(2)/ 118(2)/ 324(4)/ 76/303(2)/ 352/351(2)/ 3(5) 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, in furtherance of common intention with the co-accused persons, attacked on the house of the informant and petitioner No.1 assaulted on the hand of the informant with lathi causing grievous injury and the petitioner no.2 pulled the Saree of the daughter-in-law of the informant and committed theft of Manglasutra and cash of Rs.2,000/-. It is submitted that the allegation against the petitioners is false. It is further submitted that the injuries sustained by the informant is not on vital part of the body. It is further submitted that there was a free fight between the parties and the petitioners had no intention to kill anybody. It is further submitted that for the self-same occurrence, Domchanch P.S. Case No.80 of 2024 has also been registered from the side of the petitioners and as a counter-blast, this false case has been foisted against the petitioners. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her 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 C.J.M., Koderma in connection with Domchanch P.S. Case No.81 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 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.) Rohit/