Bibi Tahiran @ Tahiran vs State Of Jharkhand

Ananda Sen, J.

Heard the parties.

These anticipatory bail applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences under Sections 147, 148, 149, 323, 341, 342, 307, 504 and 506 IPC.

There is an allegation that due to land dispute, the informant party was assaulted.

Learned counsel representing the petitioners submits that the petitioners had earlier filed a writ petition in respect of the land dispute and when stay was granted, these false cases have been lodged.

After going through the records, I find that there is an allegation of assault by deadly weapons at the behest of the petitioners.

So far as the ladies i.e. petitioner Nos.1, 2 & 3 in A.B.A. No.6733 of 2024 and petitioner No.1 in A.B.A. No.6962 of 2024, are concerned, learned A.P.P. representing the State submits that in the case diary, there is nothing to suggest that they had participated in the assault, rather they were present at the place of occurrence and were merely shouting to save themselves.

Considering the nature of allegation, I am inclined to allow the prayer for anticipatory bail, so far as ladies are concerned i.e. petitioner No.1 - Bibi Tahiran @ Tahiran, petitioner No.2 - Kamrun Nisha @ Tamrun Nisha, petitioner No.3 - Farjana Khatoon @ Harjana Khatoon @ Farjana Khtoon in A.B.A. No.6733 of 2024 and petitioner No.1 - Bibi Jainab @ Jainab in A.B.A. No.6962 of 2024.

So far as other petitioners i.e. petitioner Nos.4, 5, 6, 7 & 8 in A.B.A. No.6733 of 2024 and petitioner Nos.2 @ 3 in A.B.A. No.6962 of 2024 are concerned, since there is an allegation of assault, I am not inclined to grant anticipatory bail to them. Their prayer for anticipatory bail is rejected. They are directed to appear before the Court concerned and pray for regular bail.

Accordingly, these Anticipatory Bail Applications stand partly allowed. The petitioner Nos.1, 2 & 3 in A.B.A. No.6733 of 2024 and petitioner No.1 in A.B.A. No.6962 of 2024, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Godda, in connection with Mahagama P.S. Case No.105 of 2024, 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 name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.