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2025 DAILYLAW 18016 (JHR)

DEEWAN GIRI v. STATE OF JHARKHAND

A.B.A./3466/2025 · 2025-07-11

Sri Ananda Sen

Transfer Petitionbody2025

Judgment text

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2025:JHHC:18871 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3466 of 2025 Deewan Giri, son of Jagan Giri, resident of village Hutpa, P.O and P.S. Muffasil, District- Hazaribag.. ...... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Randhir Kumar, Advocate. For the State : Mr. Rajesh Kumar, A.P.P. …..... 3/11.07.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for the offences registered under Section(s) 85, 126(2), 115(2), 351(2), 80(2), 3(5) of BNS, 2023. 2. Heard the parties at length and had gone through the documents, annexed along with this application. 3. Opportunity was given to the State to oppose the bail, which the State availed and opposed. 4. The petitioner is the husband. After hearing the parties and after going through the case diary, it transpires that the deceased died because of hanging. There is no other mark of injury on the body of the deceased. Admittedly the deceased died in her parents' house. 5. It is submitted that on 6.12.2024, this petitioner has left his wife in the house of the informant. On 11.12.2024 when the girl had gone to the terrace, this petitioner called her on phone and he verbally abused her and mentally tortured, as a result of which, she committed suicide. 6. Admittedly, this is a case of suicide and the petitioner was not present there as per the informant's statement in the fardbeyan, due to some verbal altercation over phone, as the petitioner had given threat to the deceased over phone, she committed suicide. There is no direct allegation of abetment of committing suicide against this petitioner. 7. Considering the aforesaid facts, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Koderma, in connection with Jainagar (Telaiya Dam O.P) P.S. Case No. 235 of 2024, subject to condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)