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2025 DAILYLAW 9496 (JHR)

KAMESHWAR BHUIYAN v. THE STATE OF JHARKHAND

B.A./2845/2025 · 2025-08-18

Ambuj Nath

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:24096 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2845 of 2025 ------ 1. Kameshwar Bhuiyan, aged about 50 years, S/o Late Baldeo Bhuiyan 2. Kapildeo Bhuiyan @ Kapil Bhuiyan, aged about 40 years, S/o Late Bimal Bhuiyan Both petitioners are resident of village-Karso, P.O. & P.S. Barhi, District-Hazaribagh … … Petitioners -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Awnish Shankar, Advocate For the State : M/s. Anup Pawan Topno, A.P.P. ----- 03/18.08.2025 I.A. No. 6632 of 2025 Learned counsel for the petitioners seeks permission to withdraw this Interlocutory Application. Prayer is allowed. Accordingly, this Interlocutory Application is dismissed as withdrawn. B.A. No. 2845 of 2025 Heard the parties 2. Petitioners have been made accused in connection with S.T. Case No. 72 of 2025 arising out of Barhi P.S. Case No. 400 of 2023, for the offences registered under Sections 341, 323, 324, 307, 354B, 379, 376, 511, 427, 385, 504, 506, 34 of the I.P.C., pending in the Court of learned Additional Sessions Judge-II, Hazaribagh. 3. On 17.08.2023, at about 10:00 a.m., there was free fight between the accused persons and the informant party due to the land dispute. Altogether four persons sustained injuries. Two of them have sustained grievous injuries on their hands. It is also alleged that the accused persons had attempted to rape Kaushalya Devi. 4. Mr. Awnish Shankar, learned counsel appearing on behalf of the petitioners has submitted that after investigation, police found the allegation of attempt to commit rape to be false and as such, has not submitted the charge-sheet under Section 376, 511 of the I.P.C. It was further submitted that there is case and counter-case between the parties. It was further submitted that the grievous injuries sustained by the two of the injured were on non-vital part of the body. 5. In view of the submission made above, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Hazaribagh in connection with S.T. Case No. 72 of 2025 arising out of Barhi P.S. Case No. 400 of 2023. (Ambuj Nath, J.) Nandini/- Uploaded