Jharkhand High Court

ANTICIPATORY BAIL 202 of 2025 on 4 May 1988

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6146 of 2025

1. Masomat Anjani @ Mostt. Anjari, aged about 93 years, wife of Late Bhikhari Mahto Bhikhari Mahto

2. Mahabir Mahto, aged about 68 years, son of Late Jitan Mahto

3. Parwari Devi @ Parwati Devi, aged about 63 years, wife of Mahabir Mahto Mahto

4. Damodar Mahto @ Damodar Verma, aged about 45 years, son of Mahabir Mahto Mahabir Mahto

5. Dasrath Verma @ Dashrath Verma, aged about 43 years, son of Mahabir Mahto Mahto All are residents of Village Gumo, P.O. & P.S. Telaiya, District- Koderma …Petitioners

-Versus-

The State of Jharkhand

… Opposite Party

-----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

For the Petitioners : Mr. A.K. Sahani, Advocate For the State : Mr. Gautam Rakesh, A.P.P.

: Mr. Gautam Rakesh, A.P.P. ----------

03/17.10.2025

Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.

2. The petitioners are apprehending their arrest in connection with Telaiya P.S. Case No.202 of 2025, registered for the offence under Sections 352, 351(2), 115(2), 126(2), 127(2), 308(4), 308(5), 318(4) and 3(5) of the BNS, pending in the Court of the learned Additional Chief Judicial Magistrate, Koderma.

3. Learned counsel appearing for the petitioners submits that the land in question was sold by petitioner no.1 to the informant on 04.05.1988 and the informant was put in possession. He further submits that the allegations are made that when the informant has gone to take measurement of the land, it has been disclosed that the land is not belonging to petitioner no.1 and she has sold another land to the informant. He then submits that for the same dispute, the informant has also instituted Title Suit No.43 of 2024 against

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petitioner no.1 and others, which is pending in the Court of the learned Munsif, Koderma.

4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of not providing possession of correct land to the informant.

5. Considering that the land in question was sold to the informant by petitioner no.1 in the year 1988 and now the FIR has been registered and for the land in question, the informant has also instituted Title Suit No.43 of 2024 and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners.

6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail 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 Additional Chief Judicial Magistrate, Koderma in connection with Telaiya P.S. Case No.202 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Dated: 17[th] October, 2025 Ajay/

(Sanjay Kumar Dwivedi, J.)

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