[Cites 8, Cited by 0]
Jharkhand High Court
Silbriyus Dungdung @ Silbiyus vs The State Of Jharkhand on 15 January, 2026
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 663 of 2025
....
1. Silbriyus Dungdung @ Silbiyus
2. Florence Dungdung
3. Ravi Soreng ......Appellants
Versus
1. The State of Jharkhand
2. Jhariyo Devi ......Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Shivam Utkarsh Sahay, Advocate
For the State : Mr. Shailesh Kr. Sinha, A.P. P.
......
ORAL ORDER IN COURT
09/15.01.2026 This Criminal Appeal has been filed through Jharkhand
High Court Legal Services Committee on behalf of the appellants.
2. This Criminal Appeal has been filed on behalf of the
appellants by challenging the judgment of conviction dated
23.02.2024 and sentence dated 24.02.2024 passed by Smt. Asha
Devi Bhatt, learned Additional Sessions Judge-I, Simdega in S. T.
Case No. 68 of 2022, arising out of T. Tangar P.S. Case No. 05 of
2022, by which, the appellants have been convicted for the
offences under Sections 307, 323, 324, 325 r/w 34 of the IPC,
1860 and Sections 3 and 4 of the Prevention of Witch (DAAIN)
Practices Act, 2001 and sentenced to undergo R.I. for seven (07)
years each and to pay the fine of Rs.10,000/- (Ten Thousand) each
under Section 307/34 of IPC, R.I. for six months each under
Section 323/34 of IPC, R.I. for one (01) year each under Section
324/34 of IPC, R.I. for five (05) years each and to pay the fine of
Rs.3,000/- (Three Thousand) each under Section 325/34 of IPC,
R.I. for three (03) months each and to pay the fine of Rs.1,000/-
(One Thousand) each under Section 3 of the Prevention of Witch
(Daain) Practice Act, 2001 and R.I. for six (06) months each and to
pay the fine of Rs.2,000/- (Two Thousand) each under Section 4 of
the Prevention of witch (Daain) Practice Act, 2001.
3. The instant interlocutory application has been filed on
behalf of the appellants for suspension of sentence and grant of
bail.
4. As per FIR, the appellants and another co-convicts are
alleged to have assaulted and abused the Informant for taking her
name of Daain-Besai and are alleged to have tried to burn her but
she was saved by the husband and local people.
5. Learned counsel for the appellants has submitted that
impugned judgment and sentence passed by the learned Court
below is illegal and not sustainable in the eyes of law. It is
submitted that there is general and omnibus allegations against the
appellants including the co-convicts trying to burn the Informant
namely, Jhario Devi and for calling her in the name of Daain-
Besai. It is submitted that co-convict namely, Amrit Tete has been
granted bail by the Co-ordinate Bench (Hon'ble Mr. Justice Sanjay
Kumar Dwivedi) of this Court vide order dated 12.11.2024 in Cr.
Appeal (SJ) No. 187 of 2024.
6. He has further submitted that two other co-convicts
namely, Hemant Tete and Jyoti Tete have been granted bail by this
Court in Cr. Appeal (SJ) No. 1 of 2025 on 04.09.2025 against
whom similar allegations were made. It is submitted that the
appellants are in custody since 13.01.2022 i.e. more than four (04)
years out of seven (07) years and hence, the appellants may be
enlarged on bail.
7. On the other hand, learned counsel for the State has
opposed the prayer for bail. It is submitted that all the appellants
are named in the FIR who were trying to burn the Informant-Jhario
Devi and also called her Daain-Besai but any how she was saved
by her husband and nearby people and hence, prayer for bail of the
appellant may be rejected.
8. It appears that PW1 is the Informant herself and she has
made general and omnibus allegations against all the appellants
including the other co-convicts namely, Amrit Tete, Hemant Tete
and Jyoti Tete.
9. It appears that Karmu Chick Baraik, husband of the
Informant has not been examined by the prosecution.
10. It also reveals that the Informant has put her LTI on the
FIR though she was admitted to hospital and the written report was
authored by her son.
11. It appears that three co-convicts namely, Amrit Tete,
Hemant Tete and Jyoti Tete have been granted bail by the Co-
ordinate Bench (Hon'ble Mr. Justice Sanjay Kumar Dwivedi) of
this Court vide order dated 12.11.2024 in Cr. Appeal (SJ) No. 187
of 2024 and also by this Court in Cr. Appeal (SJ) No. 1 of 2025 on
04.09.2025.
12. Considering the custody of the appellants and also
considering the fact that three co-convicts have been granted bail
by this Court and by the Co-ordinate Bench of this Court, the
appellants namely, Silbriyus Dungdung @ Silbiyus, Florence
Dungdung and Ravi Soreng are directed to be released on bail, on
furnishing bail bonds of Rs.15,000/-(Rs. Fifteen Thousand) each
with two sureties of the like amount each, to the satisfaction of
Smt. Asha Devi Bhatt, learned Additional Sessions Judge-I,
Simdega/or her successor Court in S. T. Case No. 68 of 2022,
arising out of T. Tangar P.S. Case No. 05 of 2022.
13. Thus, I.A. No. 69 of 2026 is allowed and stands disposed
of.
14. Put up this appeal under the "Heading for Hearing in
Seriatum".
(Sanjay Prasad, J.)
Dated: 15.01.2026
RKM/
