Citation : 2026 Latest Caselaw 1996 Jhar
Judgement Date : 16 March, 2026
( 2026:JHHC:6944 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1011 of 2026
1. Tribhuwan Hembram, aged about 29 years, son of Narkan Hembram
2. Saluka Hembram, aged about 34 years, son of Birsa Hembram
3. Ramesh Hembram @ Bablu Hembram, aged about 33 years, son of
Narkan Hembram
4. Ladura Hembram, aged about 46 years, son of Nauro Hembram
5. Rani Hembram @ Balema Kui Hembram, aged about 31 years, wife of
Saluka Hembram
6. Kairi Gope @ Rani Hembram, aged about 34 years, wife of Mahesh
Gope
7. Chandu Kui @ Chandu Kui Hembram @ Chandu Hembram, aged about
67 years, wife of Narkan Hembram
All are residents of Vill.- Bara Tholko, P.O. Barachiru, P.S. Chaibasa
Muffasil, Dist.- West Singhbhum (Jharkhand) ... Petitioners
-Versus-
The State of Jharkhand ... Opposite Party
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioners : Mr. Anjani Kumar, Advocate
For the State : Mr. Ajay Kumar Pathak, A.P.P.
-----
04/16.03.2026 Heard learned counsel appearing for the petitioners and learned
counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with
Chaibasa Muffasil P.S. Case No.179 of 2025, registered for the offence under
Sections 115(2), 117(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS, 2023,
pending in the Court of the learned C.J.M., West Singhbhum at Chaibasa.
3. Learned counsel appearing for the petitioners submits that the
petitioners have been falsely implicated in the case. He further submits that
the altercation took place with regard to the crop cultivated in the field. He
then submits that there are general and omnibus allegations of assault
against all the accused. He also submits that petitioner nos. 5 to 7 are ladies
and they are not named in the FIR, however, the police is searching them. He
next submits that the injury is simple in nature and that has come in the order
( 2026:JHHC:6944 )
of the learned Sessions Judge. He further submits that the petitioners are
having no criminal antecedents, as disclosed in paragraph 17 of this
application.
4. Learned counsel appearing for the State opposed the prayer and
submits that the allegation of assault is there and the injury has been received
by the husband of the informant.
5. Looking into the contents of the FIR, it transpires that there are general
and omnibus allegations of assault against all the accused persons. The
petitioner nos. 5 to 7 are ladies and they are not named in the FIR. It has
come in the order of the learned Sessions Judge that the injury is simple in
nature. It has been pointed out that the altercation took place with regard to
the crop cultivated in the field. The petitioners are having no criminal
antecedents, as disclosed in paragraph 17 of this application.
6. In that view of the matter, the petitioners are directed to surrender
before the learned Court within two weeks from today and the learned Court
shall release the petitioners on such terms and conditions as the learned Court
may deem fit and proper.
7. Accordingly, this application is disposed of.
(Sanjay Kumar Dwivedi, J.) Dated: 16th March, 2026 Ajay/
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