Uma Choudhary vs The State Of Jharkhand
2025 Latest Caselaw 4276 Jhar

Jharkhand High Court

Uma Choudhary vs The State Of Jharkhand on 25 June, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                                              2025:JHHC:16964

                                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                         A.B.A. No. 156 of 2025
                                                     ------
                       Uma Choudhary, wife of late Awadh Bihari Choudhary, resident of Ajanta Colony,
                       Rajiv Nagar, Road No. 1, P.O Keshri Nagar, P.S. Rajiv Nagar, District- Patna.
                                                                                   ..... Petitioner(s).
                                                          Versus
                    1. The State of Jharkhand
                    2. Umesh Kumar Yadav, son of late Shiv Narayan Prasad Yadav, resident of Bara
                        Bazar Goal Toli, P.O Hazaribagh, P.S. Sadar, District Hazaribagh and at present
                        residing at Flat No. 306 Sai Uma Vatika, Imli Kothi, Hazaribagh. ... Opp. Party(s).
                                                                 ------
                               CORAM        :      SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Karan Pandey, Advocate.

                 For the State           :  Mr. Saket Kumar, A. P.P.
                 For Opp. Party No. 2       Mr. Nitish Parth Sarthi, Advocate.
                                                   ........

04/25.06.2025:          This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik

Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending her arrest for offences registered under Section(s) 341, 323, 354, 379, 452, 406, 420, 504, 506/34 IPC in connection with Complaint-cum-Protest Petiton No. 1716 of 2022, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh.

Heard the parties at length and had gone through the documents, annexed along with this application.

Opportunity was given to the State and opposite party No. 2 to oppose the bail, which they availed and opposed.

The complaint was filed and the same was sent under Section 156(3) Cr.P.C for investigation. After the investigation, the police submitted final form exonerating the accused person. Thereafter, the protest-cum-complaint was filed by the complainant. On the basis of the statement of the complainant and the statement of enquiry witnesses, the Court took cognizance and issued summons to the petitioners.

Since cognizance has already been taken, thus there is no question of investigation and there is no apprehension of petitioner being arrested, I direct the petitioner to appear before the Court concerned. Once the petitioner appears, the Court will pass an appropriate order in view of the Judgment passed by the Hon'ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51 as well as the observation made in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in (2024) 9 SCC 198.

Accordingly, this application stands disposed of.

   Anu/-C.P.-3                                                                         (ANANDA SEN, J.)