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2025 DAILYLAW 5741 (JHR)

MANISH KUMAR VISHWAKARMA THROUGH HIS GUARDIAN DHARMENDRA VISHWAKARMA v. STATE OF JHARKHAND

A.B.A./1425/2025 · 2025-03-04

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1425 of 2025 ------ Manish Kumar Vishwakarma, aged about 16 years, s/o Dharmendra Vishwakarma, through his guardian Dharmendra Vishwakarma, S/o Shiv Kumar Vishwakarma, Resident of Village- Sukhnandi, P.O.-Hasandag, P.S.-Bardiha, Dist.-Garhwa, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. Naveen Kr. Gaunjhu, Addl. P.P ------ Order No.02 Dated- 04-03-2025 Heard the parties. Apprehending his arrest in connection with Bardiha P.S. Case No.01 of 2024 instituted under sections 306/34 of the I.P.C, 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 in furtherance of common intention with the co-accused persons abetted the suicide of the minor victim girl. It is next submitted that petitioner is a child in conflict with law. It is further submitted that petitioner has no criminal antecedent as mentioned in para-9 of the anticipatory bail application and there is inordinate delay in lodging the FIR. It is then submitted that the informant and her family are themselves guilty of abetment of suicide of the deceased. The informant in her restatement has stated that deceased had written on her hand-‘I love you Manish Life’. It is submitted that informant has intentionally not given any phone number in the written report to prevent the truth from coming out. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. 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 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 S.D.J.M., Garhwa in connection with Bardiha P.S. Case No.01 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 numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile numbers 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/