2025:JHHC:11460 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5397 of 2024 ----- Sarita Devi, W/o Surendra Mahto, R/o 47 Jhumra Pahad, Thana Mahuwatand, Rahawan, Kedla, Gomia, P.O. & P.S.-Rahawan (O.P.), District-Bokaro … Petitioner. Versus State of Jharkhand … Opp. Party. With A.B.A. No. 5398 of 2024 ----- Prakash Chand Mahto @ Prakash Chandra Mahto, S/o Tilak Mahto, R/o Gram-Jhumra Pahar, Panchayat-Pachmo, Post-Rahawan, Jhumra Pahar, P.O. Kedla, P.S.-Rahawan, District-Bokaro … Petitioner. Versus State of Jharkhand … Opp. Party. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Jitendra Shankar Singh, Advocate For the State : Ms. Anuradha Sahay, A.P.P. : Mr. Azeemuddin, A.P.P. …...... 03 /16.04.2025: Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences registered under Sections 304B/34 of the Indian Penal Code, 1860 & Sections 3 & 4 of the Dowry Prohibition Act, 1961. 3. Opportunity was given to the State to oppose the anticipatory bail which the State availed and opposed. 4. The petitioner in the first case is the wife of the elder brother-in-law of the deceased and the petitioner in the second case is the husband of the petitioner of the first case. The allegation is that there was a torture and demand of dowry, as a result of which it is alleged that the deceased was murdered. 5. From the case diary, I find that though there is an allegation of assault but the demand of motorcycle was met with 2025:JHHC:11460 2 by the family members of the deceased and the motorcycle was given to the husband. The post mortem report is also on record. From the post mortem report, I find that the doctor did not find any injury on the dead body. The doctor had opined that the death is as a result of hanging. He found U-shape ligature mark on the neck. 6. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 7. Considering the fact that there is no other injury and the death is due to asphyxia as a result of hanging and the allegation against these two petitioners are general in nature, I am inclined to release them. 8. Accordingly, this anticipatory bail application stands allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Jageshwar Vihar P.S. Case No. 07 of 2024, corresponding to G.R. Case No. 319 of 2024 subject to the condition that one of the bailers should be a close relative of the petitioners and other should be a resident of 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. (ANANDA SEN, J.) Arpit/