Sanoka Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

Sanoka Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted; petitioner to surrender within four weeks and, on surrender or arrest, to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the stated surety conditions.

Issue for consideration

Whether anticipatory bail under Sections 482 and 484 of the BNSS, 2023 should be granted to the petitioner apprehending arrest for offences registered under Sections 406, 409 and 420 IPC. +1 more

Court's answer

The anticipatory bail application stands allowed; the petitioner is directed to surrender before the learned court below within four weeks from receipt of the copy of the order.

Ratio / Principle

Finding the allegation against the petitioner identical to that of the similarly situated co-accused (mukhiya) who had already been granted anticipatory bail by the coordinate Bench with reasons, the Court held it a fit case for grant of anticipatory bail on the ground of parity.

Key takeaways

On surrender or arrest, the petitioner shall be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate First Class, Ranchi, in connection with Silli P.S. Case No.16 of 2023, subject to the condition that one bailer be a close relative of the petitioner and the other a resident of Jharkhand with sufficient landed property, evidenced by an affidavit filed before the Trial Court.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail granted on grounds of parity. Sanoka Devi (jalshaiya) sought anticipatory bail under Sections 482 and 484, BNSS 2023, apprehending arrest for offences under Sections 406, 409 and 420 IPC (allegation: only 111 of 135 toilets constructed, 24 not constructed; underlying case Silli P.S. Case No.16 of 2023). On the same allegation, the co-accused mukhiya, Roma Devi, had already been granted anticipatory bail by a coordinate Bench of the Court in ABA No. 7599 of 2023, which held that only 24 toilets were required to be constructed. Finding the allegation against the petitioner identical, the Court (Ananda Sen, J.) granted anticipatory bail on parity: petitioner to surrender within four weeks and, on surrender or arrest, be released on bail bonds of Rs.10,000/- with two like sureties (one a close relative, the other a Jharkhand resident with sufficient landed property, supported by affidavit), to the satisfaction of the JMFC, Ranchi.

2025:JHHC:19228

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2238 of 2025

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Sanoka Devi, wife of Devnarayan Yadav, Mahuwadih, Kulsud, PO Barwadag, PS Silli, Ranchi, Jharkhand

… … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) -----CORAM : SRI ANANDA SEN, J.

------ For the Petitioner(s) : Mr. Akash Bhushan, Advocate. For the State : Mr. Pankaj Kumar, P.P. -----

04/ 15.07.2025

Heard the parties.

2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending her arrest for offences registered under Sections 406, 409 and 420 of the Indian Penal Code.

3. It is alleged that out of 135 toilets 111 toilets have been constructed and 24 were not constructed. 4. The petitioner is the jalshaiya whereas on the same allegation the mukhiya , namely, Roma Devi has been granted anticipatory bail by the coordinate Bench of this court in ABA No. 7599 of 2023 after holding that only 24 toilets are required to be constructed.

5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 6. The allegation against this petitioner is same to that of the mukhiya and since the similarly situated co-accused has been granted anticipatory bail by the coordinate Bench of this Court providing reasons therein, this Court finds it a fit case for grant of anticipatory bail to the petitioner on the ground of parity.

7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date

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2025:JHHC:19228

Tanuj/Cp-3

of receipt of copy of this order and on the event of her surrender or arrest, she shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class, Ranchi, in connection with Silli P.S. Case No.16 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property.

(ANANDA SEN, J.)

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