Seema Devi Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Seema Devi Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail granted; petitioner to surrender within six weeks and, on arrest or surrender, be enlarged on bail on Rs.5,000/- cash security and Rs.25,000/- bail bond with two like sureties, subject to investigation-cooperation and other conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Ratu P.S. Case No.60 of 2020, should be granted the privileges of anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is directed to surrender in the Court below within six weeks, and in the event of her arrest or surrender she shall be enlarged on bail on depositing Rs.5,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ranchi.

Ratio / Principle

Bail is conditional: the petitioner must co-operate with the investigation, appear before the investigating officer as and when noticed, furnish her mobile number and a photocopy of her Aadhar Card with an undertaking not to change her mobile number during the pendency of the case, and abide by the further conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Criminal Law - Anticipatory Bail - High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), A.B.A. No.1315 of 2024, Order No.06 dated 07-01-2025: Petitioner Seema Devi, apprehending arrest in Ratu P.S. Case No.60 of 2020 instituted under Sections 506/34 IPC and Sections 3/4/5 of the Prevention of Witch (Daain) Practices Act over alleged tormenting of the informant as a Daain/Bishahi, granted privileges of anticipatory bail. Directed to surrender in the Court below within six weeks; on arrest or surrender to be enlarged on bail on depositing Rs.5,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ranchi, subject to conditions of co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing of mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1315 of 2024

Seema Devi .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rohit Kumar Gupta, Advocate For the State : Mr. Rakesh Ranjan, Addl.P.P

Order No.06 Dated- 07-01-2025

Heard the parties.

Apprehending her arrest in connection with Ratu P.S. Case No.60 of 2020 instituted under Sections 506/34 of the Indian Penal Code and section 3/4/5 of Prevention of Witch (Daain) Practices Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner tormented the informant alleging that she is a Daain/Bishahi. It is next submitted that the allegation against the petitioner is false. The petitioner is the sister-in-law of the informant. Because of a minor land dispute, this false case has been foisted. Drawing attention of this Court towards para-10 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of her arrest or surrendering, she will be enlarged on bail on depositing Rs.5,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand)

with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Ratu P.S. Case No.60 of 2020 with the condition that she will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

RKM/