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2025 DAILYLAW 4981 (JHR)

KAMLESHWAR KUMAR BHARTI v. THE STATE OF JHARKHAND

A.B.A./904/2025 · 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.904 of 2025 ------ Kamleshwar Kumari Bharti, aged about 56 years, Son of Hari Ram, Resident of Lahsigna Road, Ambedkar Puri, P.O.-Hazaribag, P.S.- Hazaribag (Sadar), Dist.-Hazaribag (Jharkhand), at present resident of District Animal Husbandry Office, Pakur, P.O.-Pakur, P.S.-Pakur (T), Dist.-Pakur .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nitesh Kumar, Advocate For the State : Mr. Mritunjay Choudhary, Addl. P.P. ------ Order No.02 Dated- 11-02-2025 Heard the parties. Apprehending his arrest in connection with Pakur (T) P.S. Case No.296 of 2024 instituted under Sections 64(2) (b), 74, 115 (2), 351 (2), 75(2) and 79 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 petitioner established physical relationship with the victim and the condition precedent for engaging her through an outsourcing agency from which her services, have subsequently was terminated. It is next submitted that the allegation against the petitioner is false. It is further submitted that disputed fact remains that petitioner is the District Animal Husbandry Officer, Pakur. It is also submitted that there is no allegation of rape against the petitioner. It is further submitted that undisputedly the informant who is the alleged victim, is a major lady and there is no allegation that she had shared bed with the petitioner, without her consent. It is further submitted that employment of the informant/victim has been terminated by the outsourcing agency, hence for wrecking vengeance and to put pressure upon the petitioner, the informant has foisted this false case against the petitioner. It is further 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 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 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 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 Chief Judicial Magistrate, Pakur, in connection with Pakur (T) P.S. Case No.296 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 during the pendency of the case 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.) Rohit/