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2025 DAILYLAW 19488 (JHR)

SUNITA DEVI v. THE STATE OF JHARKHAND

A.B.A./4626/2024 · 2025-04-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12001 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4626 of 2024 ------ Sunita Devi, wife of Late Subodh Bhuiyan, resident of Village Husia, P.O. + P.S. Mayurhand, District Chatra. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Awanish Ranjan Mishra, Advocate. Mr. Ujjwal Jaipuriar, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P. ----- 06/ 23.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending her arrest for offences under Sections 302 and 34 IPC. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The petitioner is the wife of the deceased. The allegation against her is that the deceased went to his in-laws house where his wife was residing, where some quarrel took place between them and the deceased consumed poison. Further, it is clear that though the F.I.R. was instituted under Section 302 IPC but from perusal of Notice issued under Section 41A Cr.P.C. (Annexure-2 to this ABA), it is apparent that the police is investigating the case considering it to be a case of Section 306 IPC. 5. Considering the nature of allegation, I am inclined to release this petitioner on anticipatory bail. 6. Accordingly, this Anticipatory Bail Application stands 2025:JHHC:12001 2 allowed. The petitioner, above named, is 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 her surrender or arrest, she shall be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned SDJM, Hazaribag, in connection with Barhi P.S. Case No.289 of 2019, 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. The petitioner will cooperate in the investigation and will appear before the Investigating Officer, as and when directed. If the petitioner does not cooperate and fails to appear, it will be open to the Investigating Officer to arrest the petitioner. (ANANDA SEN, J.) Prashant. Cp-3