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2025 DAILYLAW 31295 (JHR)

SHIV SHANKAR RAY v. THE STATE OF JHARKHAND

A.B.A./8161/2024 · 2025-01-13

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8161 of 2024 ------ 1. Shiv Shankar Ray, aged about 53 years, son of Jai Prakash Ray; 2. Usha Ray, aged about 47 years, wife of Shiv Shankar Ray. Both are Resident of Plot No. 702, Telidih Road, Near Kuswaha Bhawan Gate, P.O.- Narayanpur, P.S.- Chas, District- Bokaro. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Nishant Kumar Roy, Advocate For the State : Mr. Pankaj Kumar, P.P. For the Informant : Mr. Manish Sharma, Advocate ------ Order No.02 Dated- 13-01-2025 Heard the parties. Apprehending their arrest in connection with Chas P.S. Case No.149 of 2024 instituted under Sections 126(2)/127(2)/74/109/303(2)/353/3(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 used criminal force against the informant to outrage her modesty, attempted to murder her and committed mischief and spread false statement- rumors with intent to create enmity spread out between different classes of persons. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioner No.1 is Dewar (Brother-in-law) and the petitioner No.2 is Gotani (Sister-in-law) of the informant. 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 during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Public Prosecutor appearing for the State and the learned counsel for the informant oppose 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.25,000/- as cash security each 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 CJM, Bokaro in connection with Chas P.S. Case No.149 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 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/