Jharkhand High Court
Vidya Nayak vs The State Of Jharkhand. ... ... Opposite ... on 8 May, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:13966
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6318 of 2024
------
Vidya Nayak, W/o Abhay Kumar Nayak, R/o H. No.207, Shushma
Enclave, E-Road, Sonari, P.O. & P.S. Sonari, District East
Singhbhum, Jamshedpur, Jharkhand. ... ... Petitioner
Versus
The State of Jharkhand. ... ... Opposite Party
------
CORAM : SRI ANANDA SEN, J.
------
For the Petitioner(s) : Mr. Vishal Kr. Trivedi, Advocate
For the State : Mr. Vijoy Kr. Sinha, A.P.P.
Mr. A.K. Kashyap, Sr. Advocate
-----
05/ 08.05.2025
Heard learned counsel representing the petitioner,
learned A.P.P. representing the State and learned senior counsel
representing the informant.
2. This anticipatory bail application under Section 482 of
the Bharatiya Nyaya Suraksha Sanhita, 2023, has been preferred
by the petitioner apprehending her arrest in connection with Sonari
P.S. Case No.73 of 2024, for offences under Sections 467, 468,
406, 420, 504 and 34 IPC. The case is presently pending before
the Court of learned Judicial Magistrate 1st Class, East Singhbhum
at Jamshedpur.
3. The petitioner is the wife of the main accused.
4. There is an allegation that the husband of this
petitioner, who is the main accused and this petitioner entered into
an agreement to sell a flat to the informant but later on, after
accepting money, the flat was sold to other person.
5. Learned counsel representing the petitioner submits
that the petitioner has regularly appeared before the Investigating
Officer and even got her statement recorded and is cooperating in
the investigation.
2025:JHHC:13966
6. Learned A.P.P. representing the State after taking
instruction from the Investigating Officer, submits that the
petitioner has cooperated with the investigation and has appeared
before the Investigating Officer also and at present there is no
necessity to arrest the petitioner.
7. On the other hand, learned senior counsel Mr. A.K.
Kashyap, submits that the petitioner is involved in similar types of
cases in sale and purchase of flats, thus this application be
dismissed.
8. From the documents, I find that the petitioner is merely
a housewife. She may be a name lender in the Company of her
husband and for that she has been implicated in this case. This fact
also cannot be lost sight of, that in a family business, the wives are
always sometimes made a partner or a shareholder but the actual
role is played by the husband or the male member of the family.
9. In this case, it is the husband who is the main accused.
Further, from the statement of learned A.P.P. representing the
State, it is clear that the petitioner is cooperating with the
investigation and it is not necessary to arrest the petitioner. Thus,
I am inclined to allow this Anticipatory Bail Application, as there is
no ground which can authorize detention of the petitioner. Her
detention will be against the judgment of the Hon'ble Supreme
Court passed in the case of Satender Kumar Antil vs. Central
Bureau of Investigation & Another, reported in 2022 (10) SCC
51, Satender Kumar Antil vs. Central Bureau of
Investigation & Another, reported in 2024 (9) SCC 198.
10. With the aforesaid observation, this Anticipatory Bail
2025:JHHC:13966
Application stands allowed. The petitioner, above named, is
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 her surrender or arrest, she shall be released on bail on
furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand)
with two sureties of the like amount each, to the satisfaction of
learned Judicial Magistrate 1st Class, East Singhbhum at
Jamshedpur, in connection with Sonari P.S. Case No.73 of 2024,
subject to the condition that one of the bailers should be a close
relative of the petitioner and other should be a resident of State of
Jharkhand, having sufficient landed property in his name or in the
name of his ancestors in which he is having share and to that effect,
he has to file an affidavit before the Trial Court indicating his share
in the property.
(ANANDA SEN, J.)
Prashant. Cp-3
