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2025 DAILYLAW 3460 (JHR)

DILIP MANJHI v. THE STATE OF JHARKHAND

A.B.A./898/2025 · 2025-02-12

Anil Kumar Choudhary

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.898 of 2025 ------ 1. Dilip Manjhi, aged about 37 years, 2. Naresh Manjhi, aged about 28 years, 3. Kapil Manjhi, aged about 39 years, All sons of Arjun Manjhi, 4. Kedar Manjhi, aged about 51 years, son of Akleshwar Manjhi 5. Ashok Manjhi, aged about 39 years, son of Akleshwar Manjhi 6. Pankaj Manjhi, aged about 22 years, son of Kedar Manjhi, All resident of Village- Rakudih, P.O. & P.S.- Sariyahat, District- Dumka, Jharkhand. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rahul Kumar, Advocate For the State : Mr. Achinto Sen, Addl. P.P ------ Order No.02 Dated- 12-02-2025 Heard the parties. Apprehending their arrest in connection with Saraiyahat P.S. Case No.136 of 2024 instituted under Sections 191 (2), 191 (3), 190, 115, 109, 126 (2), 127 (2), 3 (5) of the B.N.S., 2023 and Section 3/4 of Prevention of Witch Practices Act, 2001, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, were members of an unlawful assembly and in prosecution of the common object of the assembly entered into the house of the informant and called her a Daain and caused injuries to her daughter. It is submitted that the allegation against the petitioners is false. It is next submitted that the injuries sustained by the victim are simple in nature. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case. 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 Addl. 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.5,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Dumka in connection with Saraiyahat P.S. Case No.136 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or the victims 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/