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2025 DAILYLAW 5349 (JHR)

SAKUN DEVI v. THE STATE OF JHARKHAND

A.B.A./894/2025 · 2025-02-12

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.894 of 2025 ------ 1. Sakun Devi W/o Sambhu Ram, aged about 59 Years, R/O – Village- Kol Dipot Road, CCL Colony, B/7/2 Hehal, P.O.- N.T.S. Barkakana, P.S.- Patratu, District- Ramgarh, Jharkhand 2. Prabhat Kumar, S/o Sambhu Ram, aged about 40 Years, R/O – Village- Kol Dipot Road, CCL Colony, B/7/2 Hehal, P.O.- N.T.S. Barkakana, P.S.- Patratu, District- Ramgarh, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Ms. Saumya Pandey, Advocate For the State : Mr. Satish Kr. Keshri, Addl.P.P ------ Order No.02 Dated- 12-02-2025 Heard the parties. Apprehending their arrest in connection with Ramgarh P.S. Case No.166 of 2024 instituted under Sections 406, 420, 506, 120-B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the informant gave Rs.24,71,000/- as friendly loan to the petitioner for the business of M/s Cranium Service after making the agreement with the petitioners but the petitioners are not returning the said money. It is submitted that the allegation against the petitioners is false. It is next submitted that admittedly, there was transaction of money between the petitioners and the informant and in the absence of any allegation that the petitioners have played any deception since the beginning of the transaction between the parties, the offence punishable under Section 420 of the Indian Penal Code is not made out against the petitioners and in the absence of any allegation of any dishonest misappropriation of any property, the offence punishable under Section 406 of the Indian Penal Code is not made out. It is further submitted that the petitioners, have in fact, paid the money back to the informant. It is also submitted that the dispute between the parties is basically a civil dispute. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Ramgarh in connection with Ramgarh P.S. Case No.166 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant 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.) Animesh/