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2025 DAILYLAW 3486 (JHR)

DIGAMBAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./508/2025 · 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.508 of 2025 ------ Digambar Mahto, aged about 71 years, Son of Late Jagdeo Mahato, resident of Village Jiajor, Kunji, P.O. Sultanatiker, P.S. Hansdiha, District Dumka (Jharkhand). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rishav Kumar, Advocate For the State : Mr. Anuradha Sahay, Addl.P.P. ------ Order No.02 Dated- 28/01/2025 Heard the parties. Apprehending his arrest in connection with Hansdiha P.S. Case No.61 of 2024 corresponding to G.R No.727 of 2024 instituted under Sections 115(2)/117(2)/109(1)/331(3)/74/75/76/352 and 351(3) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner used criminal force to disrobe the victim and outraged her modesty and attempted to commit rape upon her. It is next submitted that the allegation against the petitioner is false. It is then submitted that there is land dispute between the parties and the wife of the petitioner lodged Hansdiha P.S. Case No.66 of 2024 for the self-same occurrence. It is next submitted that the petitioner is the own brother of the father of the informant. It is further submitted that this false case has been foisted to harass the petitioner. It is then submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. 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 his arrest or surrendering, he will be enlarged on bail on depositing cash security of Rs.10,000/- 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 C.J.M., Dumka in connection with Hansdiha P.S. Case No.61 of 2024 corresponding to G.R No.727 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number and he will not annoy or disturb the informant or any of her 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.) Abhiraj/