Suresh Rai Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Suresh Rai Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted to all six petitioners apprehending arrest in Complaint (P.C.R.) Case No.3924 of 2023: surrender before the Court below within six weeks; on arrest or surrender, release upon depositing Rs.5,000/- each as cash security and furnishing bail bond of Rs.25,000/- (twenty-five thousand) each with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Dumka, subject to the conditions that they co-operate with the trial and do not annoy or disturb the complainant during the pendency of the case, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether privileges of anticipatory bail should be granted to the six petitioners apprehending their arrest in connection with Complaint (P.C.R.) Case No.3924 of 2023 instituted under Sections 147, 149, 323, 384, 347 and 504 IPC and Section 3/4 of the Witch (Dain) Craft Act.

Court's answer

Privileges of anticipatory bail are granted to the petitioners, considering the submissions of learned counsels and the facts and circumstances stated above, notwithstanding opposition by the State.

Ratio / Principle

The petitioners are directed to surrender before the Court below within six weeks, and in the event of their arrest or surrendering they are to be enlarged on bail.

Key takeaways

Enlargement on bail is conditioned on depositing Rs.5,000/- each as cash security and on furnishing a bail bond of Rs.25,000/- (twenty-five thousand) each with two sureties of the like amount each.ratio¶¶22
The bail is subject to the condition that the petitioners will co-operate with the trial of the case and will not annoy or disturb the complainant in any manner during the pendency of the case, along with further conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶22

Detailed headnote1 paragraphs

Jharkhand High Court (Anil Kumar Choudhary, J.), A.B.A. No.1779 of 2025, Order No.02 dated 19-03-2025: anticipatory bail granted to six petitioners (Suresh Rai, Rohit Rai, Vishnu Rai, Katki Rai, Sadachand Rai and Baleshwar Rai, all of Village Bagjhopa, P.S. Dumka (M), Dist. Dumka) apprehending arrest in Complaint (P.C.R.) Case No.3924 of 2023 instituted under Sections 147, 149, 323, 384, 347 and 504 of the Indian Penal Code and Section 3/4 of the Witch (Dain) Craft Act, in which they were alleged to have acted as members of an unlawful assembly, caused hurt to the complainant, called her a Daain and forced her to pay Rs.50,000/- to live in the village. Defence relied on the allegation being false, implication due to village politics, and inordinate and unexplained delay of about four months in lodging the complaint; petitioners undertook not to annoy or disturb the complainant and to co-operate with the trial with sufficient security including cash security; the Addl. P.P. for the State opposed. Petitioners to surrender within six weeks; on arrest/surrender, to be enlarged on bail on depositing Rs.5,000/- each as cash security and furnishing bail bond of Rs.25,000/- (twenty-five thousand) each with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Dumka, with the conditions that they co-operate with the trial, do not annoy or disturb the complainant during the pendency of the case, and comply with 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.1779 of 2025

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Suresh Rai, aged about 64 years, son of Kartik Rai.

Rohit Rai, aged about 24 years, son of Suresh Rai.

Vishnu Rai, aged about 45 years, son of Late Goverdhan Rai.

Katki Rai, aged about 46 years, son of Jaglal Rai.

Sadachand Rai, aged about 30 years, son of Ramanand Rai.

Baleshwar Rai, aged about 37 years, son of Baldeo Rai.

All are residents of Village Bagjhopa, P.O. Pakariya, P.S. Dumka (M), District Dumka, Jharkhand .... .... …. Petitioners

Versus

The State of Jharkhand

Fulmani Devi, aged about 55 years, wife of Jagdish Ray, resident

of Village Bagjhopa, P.O. Pakariya, P.S. Dumka (M), District Dumka, Jharkhand .... .... .... Opposite Parties ------

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Durga C. Mishra, Advocate For the State : Mr. Satish Prasad, Addl.P.P

Order No.02 Dated- 19-03-2025

Heard the parties.

Apprehending their arrest in connection with Complaint (P.C.R.) Case No.3924 of 2023 instituted under Sections 147, 149, 323, 384, 347 and 504 of the Indian Penal Code and Section 3/4 of the Witch (Dain) Craft Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly caused hurt to the complainant, called her a Daain and forced the complainant to pay Rs.50,000/- to live in the village. It is submitted that the allegation against the petitioners is false. It is further submitted that only because of village politics, the petitioners have been implicated in this case. It is also submitted that there is inordinate and unexplained delay of about four months in lodging this complaint. It is also submitted that the

petitioners undertake that they will not annoy or disturb the complainant in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dumka in connection with Complaint (P.C.R.) Case No.3924 of 2023 with the condition that they will co-operate with the trial of the case and they will not annoy or disturb the complainant in any manner 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 . )

Animesh/