JIBLAL SAW ALIAS JIBLAL SAH v. THE STATE OF JHARKHAND
Cr.A(SJ)/547/2025 · 2025-11-14
Sanjay Prasad
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41109 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41109 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:34270 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 547 of 2025
1.Jiblal Saw @ Jiblal Sah, aged about 38 years, Son of Peru Sah, 2.Kameshwar Saw, aged about 47 years, son of Peru Sah, 3.Namita Devi, aged about 38 years, wife of Jiblal Sah 4.Bijali Devi, aged about 38 years, wife of Kameshwar Sah All are resident of Village-Mathadih, P.O. & P.S-Ahilyapur, Dist- Giridih
……
Appellants
Versus 1.The State of Jharkhand 2.Kalpana, Daughter of Hiralal Hazra, Resident of Village-Mathadih, P.O. & P.S-Ahilyapur, Dist-Giridih.
……. Respondents
---------
CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD
---------- For the Appellants : Mr. Kamdeo Pandey, Advocate For the State : Mrs. Anuradha Sahay, APP For the Informant : Mr. Arwind Kumar, Advocate
----------- 05/Dated:14th November, 2025
This Criminal Appeal has been filed on behalf of the appellants challenging the order dated 30.04.2025 passed by Sri Manoj Chandra Jha, learned Additional Sessions Judge-I, Giridih in A.B.P No.553 of 2025, arising out of Ahilyapur P.S. Case No.07 of 2025, instituted under sections 109, 126(2), 115(2), 118(1), 117 (2), 352, 351(2) & (3)/ 3 (5) of B.N.S and Sections 3 (i) (r) (s) of the SC/ST (Prevention of Atrocities) Act (added vide
order dated 30.04.2025) by which the prayer for anticipatory bail of the appellants has been rejected.
2. It is alleged in the F.I.R that on 03.02.2025 at about 3.00 p.m, the appellant namely Jiblal Saw and Kameshwar Saw came at the door of the informant and started abusing the informant by calling her caste name and when the informant objected against it, then both the accused persons tried to outrage her modesty. In the meantime, the other accused persons also arrived there armed with deadly weapon and the Appellant Jiblal Saw had inflicted iron rod blow on her head due to which she sustained bleeding injury over the same. When the father of the informant namely Hiralal Hazra
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came to rescue her then he was also assaulted by the accused Kameshwar Saw by means of Tangi due to which he sustained grievous injury on his person. Further her mother Belly Devi was also assaulted by the accused persons by means of lathi on her head and on raising alarm, the nearby people rushed to the place of occurrence and saved the informant from further assault.
3.
Learned counsel for the appellants submitted that the appellants are innocent and they have been falsely implicated in this case. It is submitted that there is case and counter case between the parties. It is submitted that informant’s party were the aggressor side and they had assaulted the appellants brutally and for which one another case being Ahilyapur P.S. Case No.06 of 2025 under Sections 109, 126(2), 115(2), 118(1), 117(2), 352, 351(2) (3) and 3(5) of BNS was lodged by the Appellant No.2- Kameswar Saw against the informant’s side. It is submitted that Appellant Nos.3 and 4 are ladies and hence lenient view may be taken and they may be enlarged on anticipatory bail.
4. On the other hand, learned APP for the State has opposed the prayer for anticipatory bail. It is submitted that all the appellants had entered into the house of the informant and they had brutally assaulted the informant, her father and mother and as such, the prayer for anticipatory bail of the appellants may be rejected.
5.
Learned counsel for the informant, after adopting the submission of the learned APP, has further submitted that all the appellants had brutally assaulted the informant, her father and her mother due to which they sustained severe injuries and even some of the persons had sustained head injuries It is submitted that the informant and the witnesses have fully supported the prosecution case and as such the prayer of anticipatory bail of the appellants may be rejected.
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6. It appears that all the appellants are named in the FIR for arriving at the house of the informant. However, the Appellant No.1-Jiblal Saw @ Jiblal Sah had assaulted the informant on his head due to which she sustained head injuries and when Hiralal Hazra, the father of the informant came to rescue then the Appellant No.2-Kameshwar Saw assaulted him by Tangi due to which the father of the informant sustained head injury and when mother of the informant tried to save them, then Namita Devi, Laxman Saw, Bijli Saw and Karishma Kumari assaulted on her head by lalthi due to which she also sustained head injury and she also sustained injury in her neck.
7. So far as Appellant No.1-Jiblal Saw @ Jiblal Sah and Appellant No.2-Kameshwar Saw are concerned, there is direct allegation against them for assaulting the informant and hence, their prayer for anticipatory bail is, hereby, rejected.
8. However, in the facts and on the circumstances of the case taking lenient view, Appellant No.3-Namita Devi and Appellant No.4-Bijali Devi are directed to surrender before the learned Court below within six weeks from today and in the event of their arrest or surrender, the Appellant No.3-Namita Devi and Appellant No.4-Bijali Devi are directed to be released on bail, on furnishing bail bonds of Rs.15,000/- (Rs.Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Giridih in connection with Ahilyapur P.S. Case No.07 of 2025.
9. With the above observation, Cr. Appeal (SJ) No.547 of 2025 is partly allowed.
(Sanjay Prasad, J.) Dated: 14.11.2025 Saket/-