Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:13233 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2603 of 2025
----- Beauty Singh, W/o Krishna Kumar Singh, R/o Pawai, P.O.- Padeybara, P.S.- Chauparan, District- Hazaribag
.... Petitioner(s).
Versus 1.The State of Jharkhand 2.Anant Kumar Anand, S/o Kishori Sharma, R/o Village- Pansalwa, P.O.- Chatra, P.S. Chatra, District- Chatra
… Respondent(s)
------
CORAM :
SRI ANANDA SEN, J.
…… For the Petitioner(s) : Mr. Anjani Nandan, Advocate For the Resp-State : Ms. Mohua Palit, Addl. PP
…...... 02/ 02.05.2025: Heard, learned counsel for the parties.
2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending her arrest for the offences under Sections 406, 420 and 506 of IPC in connection with Khunti P.S. Case No.109 of 2024, pending in the Court of learned Chief Judicial Magistrate Khunti.
3. There is an allegation that petitioner has cheated the informant.
4. During course of argument, it has been submitted by learned counsel for the State that notice under Section 35(3) of BNSS has been issued to the petitioner, but the petitioner is yet to appear before the police.
5.
Learned counsel for the petitioner submits that she will appear before the police, but she needs an interim protection.
6. There is no question of granting any interim protection because there is no threat to the petitioner that she will be arrested. The notice under Section 35(3) of BNSS has been issued which is sufficient to understand that the police is not intending to arrest the petitioner. When there is no threat of arrest, in my opinion this anticipatory bail application is also not maintainable. Since the judgment of the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51 is being followed by the Investigating Officer in this case, I am of the opinion that petitioner should appear before the
Investigating Officer and comply with notice under Section 35(3) of BNSS.
7. It is expected that the Investigating Officer will not arrest her without any reason.
8. With the aforesaid observation and direction, the instant anticipatory bail application stands disposed of.
(ANANDA SEN, J.) R.S./