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2026 DAILYLAW 23090 (JHR)

MOHANI DEVI v. THE STATE OF JHARKHAND

A.B.A./4705/2026 · 2026-08-20

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:25175 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4705 of 2026 ------ 1. Mohani Devi, age 49 years, wife of Prameshwar Mahto 2. Permeshwar Mahtto @ Parmeshwar Prasad Mehta, age 51 years, son of Laldhari Mahto 3. Ranjeet Kumar Mehta @ Ranjeet Kumar @ Ranjeet Kr. Mehta, aged about 21 years, son of Prameshwar Mehta Petitioner Nos.1 to 3 are resident of Village Kutipisi, P.O. Kutipisi, P.S. Padma, District Hazaribag, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Ms. Aayushi Aman, Advocate For the State : Mr. Vijoy Kumar Sinha, A.P.P. ------ 02/20.08.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Katkamsandi P.S. Case No. 449 of 2023, registered for the offence under Sections 366A/34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh. 3. Learned counsel appearing for the petitioners submits that the petitioner no.1 is mother, petitioner no.2 is father and petitioner no.3 is brother of Nitesh Kumar. She submits that Nitish Kumar was in relationship with the victim and he has taken the girl along with him. She next submits that so far these petitioners are concerned, they have nothing to do with the said allegation. She also submits that the petitioners are having no criminal antecedent as disclosed in para 11 of the petition. On these grounds, she submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that Nitish Kumar has taken the girl along with him. 5. In the FIR, the allegations are there against Nitish Kumar and these petitioners happen to be his mother, father and brother respectively and it has been pointed out in course of argument by the learned counsel appearing for the State that in the statement made under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the victim has stated that 2026:JHHC:25175 she has gone along with Nitish Kumar and the petitioners are having no criminal antecedent as disclosed in para 11 of the petition, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail 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, Hazaribagh, in connection with Katkamsandi P.S. Case No.449 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 20.08.2026 Anit Uploaded 21.08.2026