Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 20293 (JHR)

DEV PRASAD DUTTA ALLIAS DEB PRASAD DUTTA v. THE STATE OF JHARKHAND

A.B.A./4059/2025 · 2025-08-18

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:23914 ) -1- A.B.A. No. 4059 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4059 of 2025 1. Dev Prasad Dutta @ Deb Prasad Dutta, aged about 37 years, S/o Ravindra Nath Dutta 2. Sonali Dutta, aged about 32 years, W/o Dev Prasad Dutta Both resident of Village Gorainala, P.O. Sahardal, P.S. Mihijam, District- Jamtara, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Suraj Deo Munda, A.P.P. ----- 04/18.08.2025 The petitioners are apprehending their arrest in connection with Mihijam P.S. Case No.36 of 2025, registered for the offence under Sections 108/3(5) of the BNS, 2023 (under Section 306/34 of the IPC), pending in the Court of the learned Judicial Magistrate, 1st Class, Jamtara. 2. Learned counsel for the petitioners submits that the petitioners are married to each other for more than 15 years and the informant and the deceased used to quarrel with each other for the reason that the petitioners started living separately for last 13 years in the rented house at Rupnarayanpur, in the district of Burdwan (West Bengal). He further submits that petitioner no.2 has also filed a case under Section 498-A of the IPC, which has been compromised later on. He submits that the petitioners have not instigated and pursuant to the act of the petitioners, the wife of the informant has not committed suicide. The reason is otherwise. He also submits that there is no averment and there is no material to suggest that these petitioners have instigated the wife of the informant. 3. Learned counsel for the State opposed the prayer and submits that the allegations are there and it is disclosed that due to these petitioners, the ( 2025:JHHC:23914 ) -2- A.B.A. No. 4059 of 2025 deceased has committed suicide. 4. Considering that the petitioners are the son and daughter-in-law of the deceased and earlier one case under Section 498-A of IPC was filed by petitioner no.2 and the mode of instigation is not disclosed in the FIR and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 5. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamtara in connection with Mihijam P.S. Case No.36 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Ajay/