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2025 DAILYLAW 5048 (JHR)

BAIJANTI DEVI v. THE STATE OF JHARKHAND

A.B.A./2348/2025 · 2025-04-15

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:11279 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2348 of 2025 ----- 1. Baijanti Devi, W/o Mukesh Kumar @ Mukesh Mahto 2. Mukesh Kumar @ Mukesh Mahto, S/o Ganpat Mahto Both are R/o village-Sama Tola, P.O.- Chhattarmandu, P.S.- Mandu, District-Ramgarh (Jharkhand) … Petitioners. Versus The State of Jharkhand … Opp. Party. CORAM : SRI ANANDA SEN, J. ------ For the Petitioners : Md. Sajid Yunus, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. …...... 06 /15.04.2025: Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences registered under Sections 74, 62, 296, 351(2), 352, 356(2), 3(5), 61 and 318(4) of the Bharatiya Nyaya Sanhita, 2023. 3. There is an allegation by the informant that her obscene video was recorded and thereafter, it was made viral. It is alleged that at the instance of these petitioners the aforesaid act was conducted to lower her dignity. 4. From the F.I.R. itself I find that there is serious land dispute which was going on between the parties. Further, from the FIR, it also appears that the allegation of snapping and making viral the obscene clips is against other accused and not against these petitioners. 5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 6. Considering the nature of allegation against these petitioners which is not direct, I am inclined to allow this application. 2025:JHHC:11279 2 7. Accordingly, this anticipatory bail application stands allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Ramgarh, in connection with Ramgarh P.S. Case No. 233 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Arpit/