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2026 DAILYLAW 13293 (JHR)

BHAMESHWARI SHARMA v. THE STATE OF JHARKHAND

A.B.A./1530/2026 · 2026-05-14

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. (2026:JHHC:14841) --1-- IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1530 of 2026 ---- Bhameshwari Sharma, aged about 28 years, Wife of Chandan Kumar Mishra, Resident of D.V.C. Bermo Mines, Baidhkaro Purvi, P.O. (Gandhinagar), P.S. Gandhinagar, Bermo, District Bokaro, State-Jharkhand. .... Petitioner -- Versus -- 1. The State of Jharkhand 2. Rana Pratap Singh, son of Keshaw Singh, resident of Sujal Enterprises, IE/43/112, Audhodik Kshetra Balidih, P.O.- Balidih, P.S.- Balidih, District- Bokaro, State- Jharkhand .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Dhananjay Dubey, Advocate For the State :- Mr. Someshwar Roy, A.P.P. ---- 02/14.05.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Bermo P.S. Case No.125 of 2024, for the alleged offences registered under Sections 316, 318, 336, 338 and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 138 of the Negotiable Instrument Act, pending in the Court of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat. 3. Learned counsel appearing for the petitioner submits that the entire amount has been credited in the account of the husband of the petitioner namely Chandan Kumar Mishra. He submits that so far this petitioner is concerned, she has issued two cheques of Rs.15-15 lakhs each, which has been dishonored. He next submits Neutral Citation No. (2026:JHHC:14841) --2-- that if cheque was dishonored, the case was required to be filed under Section 138 of N.I. Act wherein the F.I.R. has been lodged against the petitioner for the alleged allegation of her husband namely Chandan Kumar Mishra. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that the petitioner has issued two cheques, which has been dishonored. 5. In the F.I.R., there is direct allegation against Chandan Kumar Mishra of taking the amount, the entire amount has been paid in the account of Chandan Kumar Mishra and petitioner happens to be the wife of Chandan Kumar Mishra. Chandan Kumar Mishra is having criminal antecedent that has come in para-110 of the case diary, he is also absconding and even process under Section 82 Cr.P.C. has been issued that has come in para-114 of the case diary. One Raghav Singh has been examined and his statement is a part of the case diary where he has stated that this petitioner has issued two cheques which were dishonored. Later on, he has also stated that amount has been paid to Chandan Kumar Mishra. The witness Premchand Singh has been examined and his statement is a part of the case diary and he has also stated in the same manner including witness Rajesh Gupta. 6. In view of above, prima-facie case, it appears that mischief has been done by the husband and he is already absconded. However, the only allegation is made against the petitioner of issuing two Neutral Citation No. (2026:JHHC:14841) --3-- cheques, which has been dishonored later on and no case is filed under Section 138 of N.I. Act. However, the petitioner has been implicated in the present case, who happens to be the wife of Chandan Kumar Mishra. 7. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat in connection with Bermo P.S. Case No.125 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 14.05.2026 Jay/