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2025 DAILYLAW 7454 (JHR)

BABITA KUNWAR ALIAS BABITA DEVI v. THE STATE OF JHARKHAND

A.B.A./1688/2025 · 2025-03-12

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1688 of 2025 ------ 1. Babita Kunwar @ Babita Devi, aged about 42 years, wife of Late Rajeshwar Ram 2. Champa Kumari, aged about 20 years, wife of Uma Shankar Paswan 3. Rupesh Kumar Paswan, aged about 18 years, son of Late Rajeshwar Ram All residents of Village Rohila, P.O. Rohila, P.S. Ramna, District Garhwa (Jharkhand) .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sanjay Kumar Pandey, Advocate For the State : Mr. Praful Jojo, Addl.P.P ------ Order No.02 Dated-12-03-2025 Heard the parties. Apprehending their arrest in connection with Ramna P.S. Case No.164 of 2024 instituted under Sections 126(2)/115(2)/117(2)/ 118(2)/352/351(2)(3)/3(5) of the B.N.S., 2023, 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 petitioners in furtherance of common intention with the co-accused persons, attempted to murder the informant Abhishek and Shivani Kumari. It is next submitted that the allegation against the petitioners is false. It is next submitted that admittedly, the genesis of occurrence is a land dispute between the parties. It is then submitted that the petitioners and the informant are agnates and they reside adjacent to each other. It is then submitted that the immediate cause of quarrel was for construction of a drain in front of the door of the petitioners which has been objected to by the petitioners. It is further 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 petitioners undertake to cooperate 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 the date of the order 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 Judicial Magistrate-1st Class, Nagar Untari, Garhwa in connection with Ramna P.S. Case No.164 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 numbers 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.) Saroj/