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2025 DAILYLAW 33048 (JHR)

BIRAN SAW v. THE STATE OF JHARKHAND

Cr.A(DB)/1474/2025 · 2025-12-06

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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2025:JHHC:36589-DB IN THE HIGHCOURT OFJHARKHAND AT RANCHI Criminal Appeal (DB) No.1474 of 2025 Biran Saw, aged about 53 years, S/o Late Baijnath Saw, R/o Village- Durhi Sikar Pat Padma, P.O. and P.S.- Nawa Jaipur, District- Palamau, 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. Sheo Kr. Singh, Advocate Mr. Vishwajeet Singh, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P. --- Order No.02/ Dated:6th December, 2025 1. Heard Mr. Vishwajeet Singh, learned counsel for the appellant and learned Spl.P.P. 2. This appeal is directed against the order dated 07.11.2025 passed in B.P. No. 632 of 2025 arising out of Nawa Jaipur, P.S. Case No. 37 of 2025 by the learned Additional Sessions Judge-I, Palamau, whereby and where under the prayer for bail of the appellant has been rejected. 3. It has been alleged that in the year 2020, the husband of the informant was taken away by the appellant to Kerala for some work and though, it was informed after four days that her husband has become traceless, a case was instituted in which allegation has also been made against the appellant of taking away the husband of one Rinku Devi, who has also become traceless. 4. Submission has been advanced by the learned counsel for the appellant that thought the information as per the admission of the informant was given to her of her husband having become traceless after four days, theFirst Information Report was instituted almost five years from the date of the incident. 5. It has further been submitted that so far as Rinku Devi is concerned, she has not instituted any separate case and only to get over the unexplained delay in institution of the First Information Report another story has been created with respect to the missing of one Sanjay Bhuiyan who is the husband of Rinku Devi. Learned counsel submits that the appellant has another criminal case in which he has been granted bail in 2025:JHHC:36589-DB 2 B.A. No. 6334 of 2025. Learned counsel submits that appellant is in custody since 28.08.2025. 6. Learned Spl.P.P. has opposed the prayer for bail of the appellant. 7. Regardbeing hadto the inordinate delayin institution of the First Information Report despite the information submitted by the appellantto the informant regarding the missing of her husband in the year 2020, we while setting aside the order dated 07.11.2025 passed in B.P. No. 632 of 2025 passed by the learned Additional Sessions Judge-I, Palamaudirect that the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Palamau in connection with Nawa Jaipur P.S.- Case No. 37 of 2025. 8. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) Dated: 6th December, 2025 Simran/- Uploaded on:-