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2025 DAILYLAW 3415 (JHR)

SABITA DEVI ALIAS KABITA DEVI v. THE STATE OF JHARKHAND

A.B.A./473/2025 · 2025-01-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.473 of 2025 ------ Sabita Devi @ Kabita Devi, aged about 40 years, Wife of Vijay Yadav, resident of Ward No.9, Barwadih Kalan, P.O. Bhawnathpur, P.S.- Bhawnathpur, District Garhwa .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Suraj Singh, Advocate Mr. P. S. Bajaj, Advocate For the State : Ms. Shweta Singh, Addl. P.P ------ Order No.02 Dated- 28-01-2025 Heard the parties. Apprehending her arrest in connection with Bhawnathpur P.S. Case No.99 of 2024 instituted under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel 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 daughter of the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that there was a free-fight between the parties and for the self- same occurrence, Bhawnathpur P.S. Case No.100 of 2024 was also instituted from the side of the petitioner, consequent upon the informant party calling the petitioner to be a Daain and attempting to murder her. It is further submitted that the petitioner had no intention to kill anybody. It is also submitted that the co-accused, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 23.01.2025 passed in A.B.A. No.315 of 2025. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and she will not annoy or disturb the informant, victim or any of their family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes 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 opposes 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 bail on depositing Rs.10,000/- 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 J.M.-1st Class, Nagar Untari, Garhwa in connection with Bhawnathpur P.S. Case No.99 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 she will not annoy or disturb the informant, victim or any of their family members in any manner 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.) Animesh/