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2025 DAILYLAW 19008 (JHR)

BABITA DEVIYA ALLIAS BABITA DAVIYA ALLIAS BABITA DEBYA v. THE STATE OF JHARKHAND

A.B.A./3772/2025 · 2025-07-17

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19452 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3772 of 2025 ------ Babita Deviya @ Babita Deviya @ Babita Debya, aged about 49 years, wife of Late Naresh Poddar, resident of Dhakodih, P.O. & P.S. Kunda, District- Deoghar, Jharkhand. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Chandan Kumari, Advocate For the State : Mrs. Mohua Palit, APP ----- 04/ 17.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Kunda P.S. Case No.55/2025, for offences under Sections 80(2) of BNS, 2023. The case is presently pending before the Court of learned Judicial Magistrate First, Class, Deoghar. 3. It is alleged that the petitioner is mother-in-law. There is an allegation that dowry was demanded and the victim was tortured, as a result of which, she committed suicide. 4. Learned counsel for the petitioner submits that there is no material of demand of dowry and the allegation is general and omnibus in nature. 5. The learned counsel for the APP opposes and submits that there is allegation against the petitioner that the petition used to torture the victim mentally and dowry was being demanded and the torture was made on the ground that no children was born out of the same wedlock. 6. Admittedly, the death occurred within seven years of marriage. There is an allegation of demand of dowry and the death is unnatural. Thus, all the ingredients of Section 80(2) of the BNS, 2025:JHHC:19452 2 is applicable. 7. Considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner, at this stage, the same is dismissed. The petitioner should appear before the concerned court. (ANANDA SEN, J.) Sandeep. Cp-3