Prameshwar Mahto Alias Parmeshwar Mahto Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Prameshwar Mahto Alias Parmeshwar Mahto Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks from the date of the order, release on bail on depositing cash security of Rs. 10,000/- each and furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Ramgarh, in connection with Ramgarh P.S. Case No.233 of 2024, subject to conditions (cooperation with investigation, appearance before Investigating Officer as and when noticed, furnishing mobile numbers and Aadhar Card copies, not changing mobile numbers, not annoying or disturbing the informant) and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Ramgarh P.S. Case No.233 of 2024 (registered for offences punishable under Sections 74/62/296/351(2)/352/356(2)/3(5)/61/318(4) of the B.N.S., 2023), are entitled to the privilege of anticipatory bail.

Court's answer

Considering the submissions of the counsels and the facts discussed, it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioners shall be released on bail on depositing cash security of Rs. 10,000/- each and furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Ramgarh, with conditions of cooperation with investigation, appearance before the Investigating Officer as noticed, furnishing mobile numbers and Aadhar Card copies, undertaking not to change mobile numbers, and not to annoy or disturb the informant during the pendency of the case, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Prameshwar Mahto @ Parmeshwar Mahto (aged about 63) and Kaushalya Devi (aged about 58), apprehending arrest in Ramgarh P.S. Case No.233 of 2024 registered for offences punishable under Sections 74/62/296/351(2)/352/356(2)/3(5)/61/318(4) of the B.N.S., 2023 (alleged criminal conspiracy whereby an obscene video of the informant was made and made viral by co-accused persons, amid admitted land dispute and enmity between the parties), held a fit case for the privilege of anticipatory bail. Directions: in the event of arrest or surrender within six weeks, release on depositing cash security of Rs. 10,000/- each and bail bond of Rs. 25,000/- each with two sureties of the like amount each before learned C.J.M., Ramgarh; conditions of cooperation with investigation, appearance before the Investigating Officer as noticed, furnishing mobile numbers and Aadhar Card copies, not changing mobile numbers, and not annoying or disturbing the informant during the pendency of the case, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1480 of 2025

Prameshwar Mahto @ Parmeshwar Mahto, aged about 63 years, s/o late Kishan Mahto

Kaushalya Devi, aged about 58 years, w/o Prameshwar Mahto, both are r/o Village-Tangra Tola, P.O.Chhattarmandu, P.S.-Ramgarh, Dist.-Ramgarh (Jharkhand)

… Petitioners

Versus

The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Sajid Yunus, Advocate : Mr. Zaid Ahmad, Advocate For the State : Mr. Santosh Kr. Shukla, Addl. P.P.

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Order No.02 Dated- 05.03.2025

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Ramgarh P.S. Case No.233 of 2024 registered for the offences punishable under sections 74/ 62/ 296/ 351(2)/ 352/ 356(2)/ 3(5)/ 61/ 318(4) of the B.N.S., 2023.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in criminal conspiracy with the co-accused persons got made obscene video of the informant and the said video was sent by the co-accused-Sanu Kumar to Ranju Devi and Ranju Devi made the said video viral; on the instruction of the petitioners. It is further submitted that the allegations against the petitioners are all false and there is no allegation against the petitioners of either making the obscene video or making the same viral. It is next submitted that admittedly there is land dispute and enmity between the parties. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant in any manner

during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Ramgarh, in connection with Ramgarh P.S. Case No.233 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-