Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:22690 --1--
B.A. No. 6847 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI
---- B.A. No. 6847 of 2025
---- Gopal Mandal, aged about 24 years, S/o Devnarayan Mandal, R/o Naya Tola, Jaiprakash Chowk, PO and PS – Jirwabari, District – Sahibganj
….. Petitioner -- Versus --
The State of Jharkhand
…... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Pratiush Lala, Advocate
For the State :- Mr. Satish Kr. Keshri, Advocate
----
04/08.08.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
2. The petitioner is seeking regular bail in connection with S.T. Case No. 164 of 2025 arising out of Jirwabari P.S. Case No.01 of 2025 for the alleged offences registered under Sections 80(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Additional Sessions Judge-I, Sahibganj.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of the deceased and the case has been registered under Section 304B of Indian Penal Code and he is in custody since 29.01.2025 and now the charge-sheet has been submitted and
2025:JHHC:22690 --2--
B.A. No. 6847 of 2025 the charge has also been framed. He further submits that there is altercation between the husband and wife and all of a sudden, she has committed suicide and in view of that Section 80(2) of Bharatiya Nyaya Sanhita, 2023 is not attracted. He submits that in paragraph Nos.47, 48 and 49 of the case diary independent witnesses have been examined wherein they have stated that altercation took place between the husband and wife and all of a sudden the wife has closed the door and committed the suicide.
4.
Learned counsel appearing for the State opposes the prayer and submits that the case has been registered under Section 80(2) of Bharatiya Nyaya Sanhita, 2023.
5. Considering that the petitioner is in custody since 29.01.2025 and now the charge-sheet has been submitted and charge has already been framed and the independent witnesses in paragraph Nos.47, 48 and 49 of case diary have stated about the altercation between husband and wife and all of a sudden, she has closed the door and committed suicide, I am inclined to grant regular bail to the petitioner.
6. Accordingly, the petitioner, above named, shall be released on regular bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like
2025:JHHC:22690 --3--
B.A. No. 6847 of 2025 amount each, to the satisfaction of learned Additional Sessions Judge-I, Sahibganj in connection with S.T. Case No. 164 of 2025 arising out of Jirwabari P.S. Case No.01 of 2025.
(Sanjay Kumar Dwivedi, J.)
Sangam/