Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.4041 of 2024
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1. Bholanath Paul, Aged about 22 years, S/O- Khedan Paul,
2. Khedan Paul, Aged about 48 years, S/O- Nibaran Paul,
3. Purnima Devi, Aged about 41 years, W/O- Khedan Paul, All are R/O- Village- Shitalpur, Birsinhpur, P.O- Gharbar, P.S- Baliapur, District- Dhanbad.
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Pratiush Lala, Advocate
For the State
: Mrs. Anuradha Sahay, Addl.P.P
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Order No.06 Dated-07-02-2025
Heard the parties.
Apprehending their arrest in connection with Baliapur P.S. Case No.09 of 2024 instituted under Sections 323/341/302/120B/34 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 being the husband, father-in-law and mother-in-law of the deceased namely Laxmi Devi, have committed her murder by administering poison and though undertook to refund the cash spent by the complainant’s family at the time of marriage within three months but did not return the money. It is next submitted that the allegation against the petitioners is false. It is then submitted that the petitioner No.1 has remarried with a lady after collecting handsome dowry. Drawing attention of this Court towards the certificate issued by the Medical Officer of Apex Hospital, it is submitted by the learned counsel for the petitioner, that the deceased died while being treated as indoor patient in the said hospital on 19.05.2023 at 8:21 AM and she was undergoing treatment as an indoor patient in that hospital from 12.05.2023. It is then submitted that the cause of death has
been recorded as cardio respiratory failure. It is then submitted that no post-mortem of the deceased was conducted as the death was a normal death and no medico-legal case was instituted at the time of admission of the deceased in the said hospital or during the prolonged treatment of the deceased at different hospitals. Drawing attention of this court towards para-20 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is further submitted that there is an inordinate delay in lodging the complaint which upon being referred to police under Section 156(3) of the Code of Criminal Procedure, the FIR of Baliapur P.S. Case No.09 of 2024 has been registered. It is lastly submitted that the petitioners undertake to co- operate with the investigation of the case. 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 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 Judicial Magistrate-1st Class, Dhanbad in connection with Baliapur P.S. Case No.09 of 2024 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 further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Saroj/