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2026 DAILYLAW 10034 (JHR)

NIBHA DEVI v. THE STATE OF JHARKHAND

A.B.A./234/2026 · 2026-01-19

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:1327 --1-- A.B.A. No. 234 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 234 of 2026 ---- 1. Nibha Devi, aged about 29 years, wife of Sukhdeo Choudhary 2. Babi Devi, aged about 25 years, wife of Mukesh Choudhary 3. Rina Devi, aged about 40 years, wife of Lalan Kumar Choudhary 4. Suman Devi, aged about 31 years, wife of Shailendra Kumar Choudhary 5. Sonam Kumari, aged about 22 years, daughter of Lalan Kumar Choudhary 6. Shanti Kuwar, aged about 75 years, wife of Late Giraja Chaudhary, All are residents of village – Dubey Marhatiya, PO – Tildag, PS – Garhwa, District - Garhwa .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Abhay Kr. Chaturvedy, Advocate For the State :- Mr. Praful Jojo, Advocate ---- 03/19.01.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Garhwa P.S. Case No.363 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Garhwa. 3. Learned counsel appearing for the petitioners submits that 2026:JHHC:1327 --2-- A.B.A. No. 234 of 2026 both the sides are resident of same village and the altercation took place due to land dispute. He further submits that there are case and counter case between the parties and due to assault made by the informant’s side one of the person from the side of the petitioners has died. He then submits that all the family members have been made accused including the ladies members and the petitioners happened to be ladies of the said family members. He next submits that first case has been lodged by the petitioners’ side. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there against the petitioners of assault. 5. Looking into the contents of the FIR it transpires that there are general and omnibus allegation of assault against all the family members and the petitioners are ladies and they are said to be the family members of Ramlal Choudhary and Ramlal Choudhary has lodged the case against the informant and others of the present case and the case lodged by the Ramlal Chaudhary his wife has died and there are general and omnibus allegation against the petitioners, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing 2026:JHHC:1327 --3-- A.B.A. No. 234 of 2026 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.363 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 19.01.2026 Sangam/