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2025 DAILYLAW 21025 (JHR)

SURAJ KUMAR v. THE STATE OF JHARKHAND

A.B.A./4995/2024 · 2025-04-15

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:11362 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4995 of 2024 Suraj Kumar @ Kumar Suraj, son of Subhash Kumar, resident of Ekadha, P.O and P.S. Chewara, District- Shekhpur (Bihar). .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : M/s Ritu Kumar and Dheeraj Kumar, Advocates. For the State : Mr. R.K. Sinha, A.P.P. For the Informant: Mr. Praveen Shankiar Dayal, Advocate. …..... 06/15.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 304B/34 of the Indian Penal Code. Heard learned counsel for the petitioner(s) and learned APP for the State as well as learned counsel for the informant at length and gone through the documents, annexed along with this application. Opportunity was given to the State and the learned counsel for the informant, which they availed and opposed. From perusal of record, I find that the allegation is of demand of dowry by this petitioner, who is the husband of the deceased. The fact remains that the deceased died due to hanging. The postmortem report, which is part of the case diary, suggests that the death is due to asphyxia, as a result of hanging and the ligature mark is anti-mortem in nature. The ligature mark is oblique and continuous and all around the upper part of the neck. Further, the sister of the deceased, who rushed to the house, saw through the hole of the door of the room that the deceased was hanging. Admittedly, the room was locked from inside and the door was to be broken to get access to the body. The husband was not present in the house. In view of the aforesaid facts, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ranchi, in connection with Sukhdev Nagar P.S. Case No. 113 of 2024, subject to condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)