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

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

What the court decided

AI extract

Outcome

Anticipatory bail privileges granted to both petitioners: surrender in the Court below within six weeks; enlargement on cash security of Rs.10,000/- each and bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of learned ACJM, Giridih in Gandey Case No.22 of 2023, conditioned on co-operation with investigation, appearing before the investigating officer as noticed, furnishing mobile numbers and Aadhar card copies with an undertaking not to change numbers, not annoying or disturbing the informant or family during pendency, and further conditions under Section 482(2) BNSS, 2023.

Issue for consideration

Whether privileges of anticipatory bail should be granted to the petitioners apprehending arrest in Gandey Case No.22 of 2023 instituted under Sections 420/467/468/120B of the Indian Penal Code.

Court's answer

Considering the submissions of learned counsels and the stated facts and circumstances, the Court granted privileges of anticipatory bail to both petitioners, directing surrender before the Court below within six weeks, with enlargement on depositing Rs.10,000/- each as cash security and furnishing bail bonds of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Giridih, subject to conditions of co-operation with investigation, appearance before the investigating officer as noticed, furnishing mobile numbers and Aadhar card photocopies with an undertaking not to change mobile numbers, non-annoyance/disturbance of the informant or his family members during pendency, and further conditions under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Munni Devi and Dasrath Ram (petitioners), apprehending arrest in Gandey Case No.22 of 2023 instituted under Sections 420/467/468/120B IPC, were granted privileges of anticipatory bail. Per counsel, the allegation was that the petitioners conspired with co-accused to induce the informant to pay Rs.5,00,000/- for a registered sale-deed which was then executed over land not owned by them, followed by threats of false implication. Holding itself inclined to grant bail, the Court directed surrender within six weeks, enlargement on cash security of Rs.10,000/- each and bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Giridih, conditioned on co-operation with investigation and appearance before the investigating officer as noticed, furnishing mobile numbers and photocopies of Aadhar cards with an undertaking not to change mobile numbers during pendency, and not annoying or disturbing the informant or his family members during pendency, along with further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Order No.02 dated 04-02-2025; sole Judge and author: Hon'ble Mr. Justice Anil Kumar Choudhary.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.767 of 2025

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Munni Devi, aged about 48 years, wife of Dashrath Ram

Dasrath Ram, aged about 46 years, son of Churaman Ram Both are resident of village Gandey, P.O. & P.S. Gandey, District Giridih

.... .... …. Petitioners

Versus

The State of Jharkhand

Md. Anwar Ali son of Late Shekh Ajij resident of village Girniya, P.O. and P.S. Gandey, District Giridih

.... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioners : Mr. Avishek Chandra, Advocate Mr. Bhaiya V. Kumar, Advocate For the State : Mr. Tarun Kumar, Addl.P.P

Order No.02 Dated-04-02-2025

Heard the parties.

Apprehending their arrest in connection with Gandey Case No.22 of 2023 instituted under Sections 420/467/468/120B of the Indian Penal Code, 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 in criminal conspiracy with the co-accused persons cheated the informant by inducing him to pay Rs.5,00,000/- for execution of the registered sale-deed in favour of the informant and executed the same but later on, the informant found that the petitioners have sold some land, other than the land of which they are the owner and the petitioners accepted their mistake and assured to execute the sale-deed in respect of the land owned by them, prepared an agreement but ultimately the petitioners threatened the informant of being implicated in false case. It is submitted that the allegation against the petitioners is false. Drawing attention of this court towards para-15 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is then submitted that undisputedly, the

informant has got his name mutated in the revenue records. It is also submitted that the dispute between the parties is at best a civil dispute and there is no allegation against the petitioners of having created any false documents. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation 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 depositing Rs.10,000/- 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 ACJM, Giridih in connection with Gandey Case No.22 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of his family members 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 . )

Saroj/