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2025 DAILYLAW 31764 (JHR)

SUMAN DEVI v. THE STATE OF JHARKHAND

A.B.A./27/2025 · 2025-01-08

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.27 of 2025 ------ 1. Suman Devi 2. Fula Devi @ Phula Devi 3. Dharmendra Paswan @ Sanoj @ Sanoj Paswan 4. Santosh Paswan .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Manoj Kumar No.2, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P ------ Order No.02 Dated- 08-01-2025 Heard the parties. Apprehending their arrest in connection with Bhandariya P.S. Case No.57 of 2024 instituted under Sections 147/ 148/ 149/ 341/ 342/ 323/ 332/ 307/353/354/427/504/506 of the Indian Penal Code and Section 33(1)(C) of the Indian Forest Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegations against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly assaulted the informant as well as the forest officials with deadly weapons while they were removing encroachment from the forest land and tore the uniform of the forest officials and misbehaved with the female staff. It is next submitted that the allegation against the petitioners is false and there is no allegation against the petitioner of using any arms in the alleged assault. It is then submitted that the petitioner No.3 is a ward member of the village and he went to the place to intervene and bring peace between the parties. It is then submitted that the co-accused persons, with similar allegations, have already been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 29.11.2024 passed in A.B.A. No.6722 of 2024. 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 Spl.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.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 Judicial Magistrate-1st Class, Garhwa in connection with Bhandariya P.S. Case No.57 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 Card with an undertaking that they will not change their 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/