SAMPHUL DEVI ALIAS SAMPHUGH DEVI v. STATE OF JHARKHAND
A.B.A./6868/2025 · 2025-12-05
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32633 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32633 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:36452 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6868 of 2025
1. Samphul Devi @ Samphugh Devi, wife of Deepu Vishwakarma, aged about 37 years
2. Deepu Vishwakarma, son of Rameshwar Vishwakarma, aged about 42 years
3. Rohit Kumar Vishwakarma, son of Rameshwar Vishwakarma, aged about 28 years All are residents of village-Kharkhar, P.O. and P.S. Nawalshahi, District- Koderma
...... … Petitioners
Versus 1.The State of Jharkhand
2. Bablu Kumar Barhi, son of Dashrath Barhi, resident of village-Khar Khar, P.O and P.S. Nawalshahi, District-Koderma .…. … Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners
:Mr. Diwakar Jha, Advocate For the State : Mr. Someshwar Roy, A.P.P. For the Complainant : Mr. Pratik Singh, Advocate
02/ 05.12.2025: Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners are apprehending their arrest in connection with Complaint Case No. 3842 of 2024, registered under sections 318(4), 336 and 316(2) read with 3(5) of BNS, 2023, pending in the Court of learned Judicial Magistrate, Ist Class, Koderma.
3.
Learned counsel for the petitioners submits that petitioner no.1 is having plot of 2.75 decimals and petitioner no.1 is ready to sell an area of 1.375 decimals however inadvertently agreement was made for sale of 2.75 decimals. He further submits that the petitioner no.1 is still ready to sell the area of 1.375 decimals however dispute is being made in the complaint that agreement was made for 2.75 decimals. He then submits that petitioner no.1 is owner of the land and petitioner nos. 2 and 3 are witness of the agreement and the matter is arising out of complaint. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail.
( 2025:JHHC:36452 )
4.
Learned counsels for the State and complainant oppose the prayer and submit that agreement is not being fulfilled.
5.
Considering that petitioner no.1 is still ready to sell the area of 1.375 decimals however dispute is made that agreement is not being fulfilled due to which complaint case has been filed, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Koderma, in connection with Complaint Case No. 3842 of 2024, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
Dt.05.12.2025
( Sanjay Kumar Dwivedi, J.) satyarthi-