Dismissed¶16

Sharwan Mirdha Alias Bijay Kumar Mirdha v. the State of Jharkhand

Jharkhand HC16 Jun 2025A.B.A./2766/2025

Case brief

AI extract

What is this about?

Jharkhand HC (Ananda Sen, J.), A.B.A. No. 2766 of 2025, decided 16.06.2025. Anticipatory bail sought under Sections 482/484 BNSS 2023 for arrest in Rajabhitta P.S. Case No. 23/2024 (S. 96/3(5) BNS 2023) arising from kidnapping of a minor girl; petitioners alleged to have assisted abductor Rohit Kumar Mirdha. Dismissed: girl still trace-less, and custody of petitioners held necessary for proper investigation.

What did the court decide?

Since the kidnapped minor girl is still trace-less and the petitioners are alleged to be involved in the occurrence, without taking the petitioners into custody a proper investigation is not possible; hence this is not a fit case to grant anticipatory bail. ¶15

Sharwan Mirdha Alias Bijay Kumar Mirdha Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

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2025:JHHC:15757

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2766 of 2025

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1. Sharwan Mirdha @ Bijoy Kumar Mirdha, son of Saheb Ram Mirdha.

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2. Munni Kumari @ Munni Devi, wife of Sharwan Mirdha @ Bijay Kumar Mirdha Both are residents of village Lilatari, P.O Kusumghati, P.S. Bhadaria, DistrictGodda. ..... Petitioner(s).

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Versus

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The State of Jharkhand … Opp. Party(s).

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Sumit Prakash, Advocate. For the State : Mr. Pankaj Kr. Mishra, A.P.P.

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03/16.06.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences registered under Section(s) 96/3(5) of BNS 2023 in connection with Rajabhitta P.S. Case No. 23/2024, pending in the court of learned Judicial Magistrate, 1^st Class, Godda.

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Heard the parties at length and had gone through the documents, annexed along with this application.

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Opportunity was given to the State to oppose the bail, which the State availed and opposed.

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There is allegation that minor girl of the informant was kidnapped by one Rohit Kumar Mirdha. It is alleged that these petitioners are also involved in assisting the said Rohit Kumar Mirdha in the said occurrence.

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Counsel for the petitioner submits that the petitioners are the relatives of Rohit Kumar Mirdha and there is no direct allegation against them.

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Learned counsel for the State submits that the petitioners have connived and as a result of said connivance, the kidnapping was done. He also submits that the girl is still trace-less.

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Considering the fact that the girl is still trace-less and there is allegation that the petitioners are involved in the said occurrence, without taking into custody the petitioners, there cannot be a proper investigation. Thus, this is not a fit case to grant anticipatory bail.

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Accordingly, this application is dismissed.

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(ANANDA SEN, J.)

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Anu/-C.P.-3

Sharwan Mirdha Alias Bijay Kumar Mirdha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sharwan Mirdha Alias Bijay Kumar Mirdha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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