2025:JHHC:21928 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4013 of 2025 ---- Brij Mohan Lal Das, Aged about 51 Years, S/o Sri Kaushal Pati Lal Das, R/o Qr. No. B-15, I.E.L Colony, P.O Gomia, P.S.- IEL, Gomia, Dist. (Jharkhand). … … Petitioner Versus 1. The State of Jharkhand 2. Santosh Kumar Shreevastav, S/o Late Nand Kishore Shreevastav, House No. TF/ 34, Tenughat (Dayantat), P.O Tenughat, P.S. Tenughat, District- Bokaro. … … Opposite Parties ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Soumitra Sen, Sr. Advocate Mr. Vikas Pandey, Advocate Mr. Janak Kumar Mishra, Advocate Mrs. Diksha Dwivedi, Advocate For the State : Mr. Shailendra Kumar Tiwari, A.P.P. Mr. Atanu Banerjee, Advocate ---- 04/ 01.08.2025 Heard learned counsel for the petitioner, learned A.P.P. appearing for the State as also learned counsel appearing for the informant- opposite party. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner, apprehending his arrest in connection with I.E.L P.S. Case No. 18 of 2025, registered for offences punishable under Section 105 read with Section 3(5) of the Bhartiya Nyaya Sanhita [corresponding to Section 304/34 of the Indian Penal Code respectively), pending in the Court of learned Judicial Magistrate First Class, Bermo at Tenughat. 3. The case of prosecution as per the First Information Report is that on 13.05.2025, informant’s daughter Aarohi was sent to a 10-day NCC camp after assurance of full care and safety by the petitioner who is the principal of the school, where the girl was studying. On 22.05.2025, she became seriously ill, and the informant was not informed. When the informant learned about her condition, he rushed to the camp and found her critically ill. She was taken to a hospital in Swang and then referred to Ranchi due to severe lung infection, caused by lack of medical care. Despite all efforts, she died on 29.05.2025 due to negligence of school management and principal and lack of medical care. 4. Learned counsel for the petitioner submits that the petitioner is completely innocent and has been falsely implicated in this case. He further 2025:JHHC:21928 -: 2 :- submits that the petitioner is the principal of the School, where the girl was studying and has been implicated only on the basis of suspicion. He further submits that the petitioner had no direct or indirect role in the management and supervision of the NCC camp where the girl tragically fell ill. He also submits that the responsibility of health and safety, during the period of the camp, was not under his control or the school management's control. All was under the control of one NCC. 5. Learned A.P.P. appearing for the State and the counsel appearing for the informant-opposite party oppose the prayer of the petitioner for grant of anticipatory bail. They submit that the petitioner is not entitled to the privilege of anticipatory bail. They further submit that there is direct allegation against the petitioner of negligence as there was no member of school present for safety of their student at the NCC Camp. It is submitted that the school management has a direct role in the deterioration of health condition and death of the girl child. Learned counsel also submits that neither any medical support was supplied by the School authorities nor by the NCC. 6. After hearing the parties and from the perusal of the impugned order, I find that the petitioner was not directly involved in the day-to-day functioning of the NCC camp and the death of informant’s daughter was beyond the petitioner’s control. Admittedly, the deceased fell ill while she was in a NCC Camp. Admittedly, the camp was not organized in the campus of the school in which the petitioner was the Principal. The same was organized somewhere else. Even the counsel for the informant stated that there is no direct overt act of this petitioner save and except that he was negligent and did not take information of the status of the child of his school and has also not informed the parents about the health of their daughter. 7. From the arguments, I find that except that the petitioner is the Principal of the School where the child was studying and he was negligent in not informing the parents about the health condition of the child, there is no other allegation against the petitioner. There is not even a single overt act attributed against the petitioner. Admittedly the deceased died due to lung infection. In my opinion, this is not a case where custodial interrogation is required. 8. In view of the aforesaid fact, I am inclined to allow this Anticipatory Bail Application. The petitioner, above named, is directed to surrender before the learned court concerned within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on 2025:JHHC:21928 -: 3 :- furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class, Bermo at Tenughat in connection with I.E.L P.S. Case No. 18 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of the 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. 9. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03