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2025 DAILYLAW 17654 (JHR)

REKHA DEVI v. STATE OF JHARKHAND

A.B.A./4331/2025 · 2025-08-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:23288 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 4331 of 2025 ---- 1.Rekha Devi aged about 67 years wife of Shahdeo Das @ Sahidyo Das 2.Sahdeo Das @ Sahidyo Das, aged about 71 years son of late Jagdish Das, Both above serial no.1 and 2 are resident of House No.56, Village Punasi, Post-Deoghar, Police Station-Deoghar, District Deoghar, Jharkhand .... Petitioner(s) -- Versus -- State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- Mr. Lalit Yadav, Advocate Mr. Satyanshu Shubham, Advocate For the State :- Mrs Ruby Pandey, Advocate ---- 5/12.08.2025 Heard the learned counsel for the petitioners as well as the learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Jasidih P.S. Case No.383 of 2024, for the offence registered under sections 103(1), 238/ 3(5) of BNS, 2023, pending in the court of learned Additional Chief Judicial Magistrate, Deoghar. 3. Learned counsel for the petitioner submits that the petitioner nos.1 and 2 are the grand mother in law as well as grand father in law of the wife of the deceased who are 67 and 71 years aged respectively. He submits that the allegations are there of killing which is general and omnibus and further the deceased has died due to falling in the Punasi Dam in the district of Deoghar. He submits that the person who was deputed for controlling the water of the said Dam, has deposed in paragraph no.7 and has narrated the story how the deceased has drawn in the said Dam. He further submits that in paragraph no.9 of the case diary, independent witness has not supported the case and submits in view of that the petitioners may kindly be allowed anticipatory bail. 4. Learned counsel for the State submits that the case diary has been received and from the post mortem report it is crystal clear that due to the 2025:JHHC:23288 2 injury caused by hard and blunt substance the deceased has died. She submits that on the date of accident, the deceased has called upon the family members and has requested to save the life. 5. Learned counsel for the informant opposed the prayer and submits that allegations against all the accused persons are there of killing the deceased namely Brahmadeo Das. 6. From the FIR it transpires that there are general and omnibus allegations against all the accused persons including the petitioners and it is not specific that who has assaulted or has acted to even throw the deceased in the said Dam. In paragraph no.7 of the case diary, the person who was posted there to control the water of the said Dam has narrated to the fact that Saroj Das who was also gone there along with the deceased, has heard the shout to the effect that the deceased is falling in the Dam, and further the fisherman who has been examined in paragraph no.8 of the case diary has also stated in the same line and due to falling in the Dam, the injury caused by hard and blunt substance cannot be ruled out, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, both the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, both the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Deoghar, in connection with Jasidih P.S. Case No.383 of 2024, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS). ( Sanjay Kumar Dwivedi, J.) SI/,