Citation : 2025 Latest Caselaw 816 Jhar
Judgement Date : 15 July, 2025
2025:JHHC:19211
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3715 of 2025
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1. Surendra Kumar Ravi, age 35 years old, son of Ram Lakhan
Ram.
2. Chanda Kumari age 34 years old, wife of Surendra Kumar
Ravi.
Both are resident of village Khajuri, P.O. & District-Garhwa
... ... Petitioners
Versus
1. The State of Jharkhand.
2. Chanchala Kumari wife of Baban Kumar Prajapati resident of
Village Nimia, P.O. & P.S. Chainpur, District, Palamau at
Daltonganj
... ... Opposite Parties
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Sabyasanchi, Advocate
For the State : Mrs. Mohua Palit, APP
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06/ 15.07.2025
Defect(s) as pointed out by the office is ignored for the present.
2. Heard the parties.
3. This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences under Sections 420, 120(B), 504, 506/34 of IPC.
4. This case arises out of a complaint. It is stated that the complainant was cheated by this petitioner.
5. The learned counsel for the petitioner has submitted that cognizance has already been taken in this case and summons have been issued.
6. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
7. Considering the aforesaid fact, since summons has been issued, after taking cognizance in a complaint, there is no occasion to take the petitioner in custody. This case is covered by Category-A of the judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, reported in (2021) 10 SCC 773 as well as the observation made in the case of Satender Kumar
2025:JHHC:19211
Antil Vs. Central Bureau of Investigation & Another reported in (2022) 10 SCC 51. This position of law and guidelines has not been taken note of by the Sessions Judge which is most unfortunate.
8. Considering the aforesaid facts, I am inclined to allow this application.
9. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Garhwa in connection with Complaint Case No.1676 of 2022, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, they have to file an affidavit before the Trial Court indicating his share in the property.
(ANANDA SEN, J.)
Sandeep. Cp-3
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