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2025 DAILYLAW 4781 (JHR)

PRITIBEN TARUN BHAI NATHANI ALIAS PRITBEN TARUN NATHANI v. THE STATE OF JHARKHAND

A.B.A./930/2025 · 2025-02-11

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.930 of 2025 ------ Pritiben Tarun Bhai Nathani @ Pritben Tarun Nathani, aged about- 34 years, W/o- Nathani Tarun Ashok @ Ashok Tarun Nathani, R/o- B-23 Kashyap Kutir Society, Behind Saurabh Park, Near Krunal Char Rasta, P.O. and P.S.- Gotri, Dist- Vadodra, State- Gujrat. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Soumitra Baroi, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P For the Informant : Mr. Shailesh Kr. Singh, Advocate ------ Order No.02 Dated-11-02-2025 Heard the parties. Apprehending her arrest in connection with Jharia P.S. Case No.212 of 2024 instituted under Section 319(2)/318(4)/338/336(3)/340(2)/61 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 being the partner-cum-In-charge of Vaishnawi Transport in criminal conspiracy with the co-accused persons cheated and dishonestly induced the delivery of vehicles in the name of the informant and other gullible persons of the locality and by committing forgery for the purpose of cheating and after getting several number of vehicles financed in the name of the informant and other persons, dishonestly misappropriated the same. It is submitted that the allegation against the petitioner is false. It is next submitted that there is not any whisper against the petitioner to have played any role in the alleged commission of criminal conspiracy. It is then submitted that the petitioner has been implicated in this case just because she happens to be the wife of the co-accused Nathani Tarun Ashok @ Ashok Tarun Nathani who is the owner of the Vaishnawi Transport. It is next submitted that there is no allegation against the petitioner of specifically inducing, instigating or luring anybody. It is then submitted that the petitioner has not done any business dealing with the informant nor ever she met with the informant or any of the persons who have been allegedly cheated. It is then submitted that the main allegation is against the co-accused Raj Kumar Dutta, Mukesh Saw and the husband of the petitioner and in their confessional statement, none of co-accused has stated anything to implicate the petitioner in this case. It is further submitted that the petitioner is a housewife and does not have any criminal antecedent as mentioned in para-12 of this Anticipatory Bail Application. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and 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 and the learned counsel for the informant-victim oppose the prayer for anticipatory bail of the petitioner and submit that the petitioner is representing herself to be a partner-cum-In-charge of the Vaishnawi Transport as is evident from identity card used by her. It is next submitted that the friend of the petitioner is also having one of the vehicles and is even using fake registration number. Hence, it is submitted that the petitioner ought not to be given the privileges of anticipatory bail. Having heard the submissions made at the Bar and after carefully going through the materials available in the record and considering the fact that except that the petitioner is wife of the co-accused Nathani Tarun Ashok @ Ashok Tarun Nathani, there is no direct allegation against her and the undisputed fact that she never met either the informant or any of the victims, this Court is of the considered view that this is a fit case where the petitioner be given the privilege the anticipatory bail. 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 depositing Rs.1,00,000/- 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 ACJM, Dhanbad in connection with Jharia P.S. Case No.212 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Saroj/ (Anil Kumar Choudhary, J.)