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2025 DAILYLAW 21789 (JHR)

HEMIYA DEVI ALIAS HEMIA DEVI v. THE STATE OF JHARKHAND

A.B.A./4088/2025 · 2025-08-06

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:22085 --1-- A.B.A. No. 4088 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4088 of 2025 ---- 1. Hemiya Devi @ Hemia Devi, aged about 38 years, wife of Hari Prasad Mahto 2. Hari Prasad Mahto @ Hari Pd. Mahto, aged about 45 years, son of Bhakti Mahto Both resident of village – Taranari, Aamtola, PO – Taranari, PS – Chandrapura, District - Bokaro .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Nishant Kr. Roy, Advocate For the State :- Ms. Lily Sahay, Advocate ---- 02/06.08.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Chandrapura P.S. Case No.145 of 2022 corresponding to G.R. Case No.1396 of 2022, for the alleged offences registered under Sections 304B/34 of Indian Penal Code pending in the Court of learned Sub- Divisional Judicial Magistrate, Bermo at Tenughat. 3. Learned counsel appearing for the petitioners submits that the petitioner Nos.1 and 2 are the mother-in-law and father-in-law respectively of the deceased. He submits that the FIR has been registered under Sections 304B/34 of IPC and the charge-sheet has been submitted against the husband of the deceased and the investigation against the petitioners have been kept open. He submits that now the husband has already been convicted by the learned trial court and in the 2025:JHHC:22085 --2-- A.B.A. No. 4088 of 2025 appeal, he has been released on bail. He submits that the petitioners are ready to cooperate in the investigation and the police is harassing and in view of that apprehension is there of arrest. 4. Learned counsel appearing for the State opposes the prayer and submits that the petitioners are the mother-in-law and father-in-law of the deceased respectively. 5. In the FIR the mode of torture is not disclosed and the petitioners are said to be mother-in-law and father-in-law of the deceased respectively and they are ready to cooperate in the investigation and the charge-sheet has been submitted against the husband and he has already been convicted, I am inclined to provide privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat in connection with Chandrapura P.S. Case No.145 of 2022 corresponding to G.R. Case No.1396 of 2022, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/