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2025 DAILYLAW 29620 (JHR)

DILIP MAHTHA v. THE STATE OF JHARKHAND

A.B.A./7709/2024 · 2025-02-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7709 of 2024 ------ 1. Dilip Mahtha, aged about 36 years, son of Late Aden Pasi 2. Manoj Mahta @ Pasi @ Manoj Pasi aged about 42 years, Son of late Aden Pasi Both resident of Near Shitla Mandir Thari, P.O. & P.S.-Rikhiya, Dist.:-Deoghar .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Pran Pranay, Advocate For the State : Mr. Prabhu Dayal Agrawal, Addl.P.P ------ Order No.04 Dated- 27-02-2025 Heard the parties. Apprehending their arrest in connection with Rikhiya P.S. Case No.150 of 2024 instituted under Sections 96, 137(2) of the B.N.S, 2023 and Sections 4, 8 and 12 of 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 petitioner No.1 being the uncle and petitioner No.2 being the father of the co-accused Prince Kumar took the victim to the hotel and committed penetrative sexual assault upon her by procuring the minor girl for solemnizing marriage of her and kidnapped her. It is next submitted that the allegations against the petitioners are false. It is submitted that there is no allegation against the petitioners. It is further submitted that the main allegation is against the co-accused Prince Kumar. Drawing attention of the Court towards page 16/17 of the brief and certified copy of the joint compromise petition filed by the parties in the Court of Sessions Judge Deoghar in A.B.P No.850 of 2024 kept in the brief, it has been categorically stated that informant erroneously implicated the petitioners in this case; even though they had no concern or involvement in the offence. It is lastly submitted that the petitioners undertake to cooperate with the investigation of the case and also undertake to furnish sufficient security including cash security and they undertake not to annoy or disturb the informant, in any manner during pendency of the case hence, the petitioners be given the privilege 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.1,00,00/- 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 Additional Sessions Judge-III, Deoghar in connection with Rikhiya P.S. Case No.150 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 undertake not to annoy or disturb the informant, in any manner during 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/