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2025 DAILYLAW 31300 (JHR)

BELARANI MODAK v. THE STATE OF JHARKHAND

A.B.A./42/2025 · 2025-01-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.42 of 2025 ------ Belarani Modak, aged about 35 years, Wife of Kartik Modak, Resident of Main Road, Chas, Near Mahavir Chowk, P.O. and P.S.- Chas, District- Bokaro (Jharkhand). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, Addl.P.P For the Informant : Ms. Seema Kashyap, Advocate ------ Order No.02 Dated-20-01-2025 Heard the parties. Apprehending his arrest in connection with Chas P.S. Case No.162 of 2024 instituted under Sections 126(2)/115(2)/117(2)/109/352/351(1)/3(5) of the B.N.S, 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 in furtherance of common intention with the co-accused persons attempted to murder the informant- Durga Modak. It is submitted that the allegation against the petitioner is false. It is next submitted that the allegation of assault is against Kartik Modak- the husband of the informant and the only allegation against the petitioner is that the petitioner provided iron rod by which her husband assaulted the informant. Drawing attention of this court towards para-10 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner is a female. It is also submitted that the petitioner undertakes that she will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is further 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 and the learned counsel for the informant oppose 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 her arrest or surrendering, she will be enlarged on depositing Rs.20,000/- 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 CJM, Bokaro in connection with Chas P.S. Case No.162 of 2024 with the condition that she will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number 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/