Baby Devi Vs Central Bureau of Investigation — Corruption | Jharkhand HC (2025)

Baby Devi Vs Central Bureau of Investigation — Corruption | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks; on surrender/arrest, release on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned Additional District Judge-I-cum-Special Judge, CBI, Dhanbad, in connection with R.C.-01(A)/2023(D), subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with R.C.-01(A)/2023(D).

Court's answer

The court is inclined to grant the privilege of anticipatory bail because the chargesheet has already been submitted, the petitioner was not arrested during investigation (showing cooperation), she was shown as a witness in the first chargesheet and made an accused only in the supplementary chargesheet.

Ratio / Principle

The petitioner is directed to surrender before the learned court within three weeks; in the event of surrender/arrest she shall be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional District Judge-I-cum-Special Judge, CBI, Dhanbad, in connection with R.C.-01(A)/2023(D), subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — grant of. Petitioner apprehending arrest in R.C.-01(A)/2023(D) (Ss. 120-B r/w 409 & 420 IPC; S. 13(2) r/w S. 13(1)(a) PC Act) pending before learned Additional District Judge-I-cum-Special Judge, CBI, Dhanbad; chargesheet already submitted and petitioner not arrested during investigation; shown as witness in first chargesheet but made accused in supplementary chargesheet — court granted privilege of anticipatory bail: surrender within three weeks, release on bail bond of Rs.25,000/- with two like sureties, subject to s. 482(2) BNSS, 2023 conditions. (Sanjay Kumar Dwivedi, J.)

[2025:JHHC:22126]

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1979 of 2025

Baby Devi, aged about 35 years, wife of Sunil Kumar

Mandal, resident of Village Kushpahari, P.O. Barmasia, P.S. Shikaripara, District Dumka (Jharkhand).

..... … Petitioner

Versus

Central Bureau of Investigation

..... … Opposite Party

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Rishav Kumar, Advocate For the CBI : Mr. D.K. Bharti, Spl.P.P.

05/ 06.08.2025 Heard learned counsel for the petitioner and learned Spl.P.P.

appearing for the Central Bureau of Investigation (CBI).

The petitioner is apprehending her arrest in connection with R.C.-01(A)/2023(D), registered for the offences under Sections 120-B read with Sections 409 and 420 of the Indian Penal Code and Section 13(2) read with Sections 13(1)(a) of the Prevention of Corruption Act, pending in the court of learned Additional District Judge-I-cum-Special Judge, CBI, Dhanbad.

Mr. Rishav Kumar, learned counsel appearing for the petitioner submits that the allegation is made that the petitioner was involved with the Branch Manager in withdrawing and mis-utilizing the amount of the retired persons. He submits that in the first chargesheet, the petitioner was shown as a witness of the CBI, however, in the supplementary chargesheet, her name has been found place as an accused.

Mr. D.K. Bharti, learned Spl.P.P. appearing for the CBI has opposed the prayer and submits that the petitioner in connivance with the Branch Manager, have mis-utilized the amount of the retired persons, in view of that prayer for anticipatory bail may kindly be

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[2025:JHHC:22126]

rejected.

Considering that now the chargesheet has already been submitted and the petitioner was not arrested by the CBI in course of investigation, it appears that the petitioner has co-operated in the investigation and further in the first chargesheet, the petitioner was shown as a witness of the CBI and subsequently, in the supplementary chargesheet, the petitioner has been made accused, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional District Judge-I-cumSpecial Judge, CBI, Dhanbad, in connection with R.C.-01(A)/2023(D), subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Amitesh/-

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