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2025 DAILYLAW 32302 (JHR)

GANGI MARIUM NAG ALIAS SANTOSHI KUMARI v. THE STATE OF JHARKHAND

Cr.A(DB)/1165/2025 · 2025-11-04

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

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Judgment text

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Neutral Citation No. ( 2025:JHHC:33123-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 1165 of 2025 Gangi Marium Nag @ Santoshi Kumari, D/o Etwa Nag, R/o Village: Sarita, PO: & PS: Kamdara, District: Gumla (Jharkhand). ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Appellant : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. --- 04/04.11.2025 Heard the learned counsel for the respective sides. This appeal is directed against the order dated 20.08.2025 passed by the learned Additional Sessions Judge-III, Gumla in ABP No. 321/2025 in connection with Kamdara PS Case No. 55/2024, whereby and whereunder, the prayer for anticipatory bail of the appellant has been rejected. It has been alleged that the daughter of the informant was taken by her brother to the house of Sugrin Nag from where the present appellant is said to have taken her to Delhi on 17.10.2007 but the daughter of the informant never returned back. Submission has been advanced by the learned counsel for the appellant that the First Information Report has been instituted after 17 years of the alleged incident. It has been submitted that in course of investigation neither the statement of Manoj Kerketta was recorded nor the statement of Sugrin Nag who were the persons who were instrumental in bringing the daughter of the informant to the house of Sugrin Nag from where she was taken away by the appellant. It has further been submitted that such prolonged delay without any reasonable explanation would act as a detriment to the case of the prosecution. Learned Spl.P.P. has opposed the prayer for anticipatory bail of the appellant and has on going through the case diary submitted that it is correct that the statements of Manoj Kerketta and Sugrin Nag has not been recorded by the Investigating Officer. On consideration of the inordinate delay of 17 years in preferring the First Information Report and the evidence collected in course of investigation which appears to be hearsay in nature, we while setting aside the order dated 20.08.2025 passed by the learned Additional Sessions Judge-III, Gumla in ABP No. 321/2025 in connection with Kamdara PS Case No. 55/2024, direct the appellant to surrender before the learned trial court within four weeks from today and on such surrender, she shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Gumla in connection with Kamdara PS Case No. 55/2024, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) (PRADEEP KUMAR SRIVASTAVA, J.) 04.11.2025 S.B. -2-