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2025 DAILYLAW 23357 (JHR)

BOBI DEVI ALIAS BOUTI CHOUDHARI v. THE STATE OF JHARKHAND

A.B.A./4752/2025 · 2025-08-26

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:25272 1 A.B.A. No. 4752 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ----- A.B.A. No. 4752 of 2025 ---- 1.Bobi Devi @ Bouti Choudhari aged about 48 years wife of Binay Kumar Choudhary resident of Village Dadpur PO Keshopur PS Jhajha District Jamui (Bihar), at present- residing at Village- Lakhan Pahari, PO Bhandanwar, PS Pathargama, District Godda 2.Sanjay Kumar Thakur @ Sanjay Thakur, aged about 62 years son of Krishnadeo Thakur resident of Village Ajam Pakaria, PO Pakaria PS Basantrai District Godda, at present Village-Lakhan Pahari PO Bandanwar PS Pathargama District Godda 3.Ram Krishna Jha @ Ramkrishn Jha aged about 40 years son of Shyam Sunder Jha @ Karu Jha resident of Village Lakhan Pahari PO Bandanwar PS Pathargama District Godda .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Purnendu Kr Jha, Advocate For the State :- Mr. Someshwar Roy, Advocate For the Informant :- Mr. Atul Rai, Advocate ---- 2/26.08.2025 Heard learned counsels for petitioners, learned counsel for the respondent State as well as learned counsel for the informant. 2. The petitioners are apprehending their arrest in connection with Pathargama PS Case No.67 of 2025, for offence registered under section 123, 103(1), 61(2), and 3(5) of BNS, 2023, pending in court of learned Sub Divisional Judicial Magistrate, Godda. 3. Learned counsel for petitioners submits that the petitioner no.1 is elder sister of wife of the deceased, petitioner no.2 is co-brother of the deceased and petitioner no.3 is brother-in-law of the deceased. He submits that all the family members have been implicated in the case only due to previous litigation between the wife and the husband which was already compromised and both of them were started peacefully living their conjugal live and another two cases have also been lodged by the wife under section 125 Cr.PC and under section 498A of the IPC. He submits that the deceased has called upon the father-in-law when he was fallen at the time of returning from the marriage ceremony and father-in-law took the deceased for medical examination and medical treatment has been provided. He submits that B.A. No.7117 of 2025 has been filed by Ritesh Kumar @ Ritesh 2025:JHHC:25272 2 A.B.A. No. 4752 of 2025 Choudhary who is also accused in the said case and has been granted regular bail and the learned court has perused paragraph no.77 of the case diary and found that it has come that the deceased has died in a road accident. On these grounds, he submits that the anticipatory bail may kindly be granted to the petitioners. 4. Learned counsel for the respondent State as well as the leaned counsel for the informant jointly opposed the prayer for anticipatory bail and submit that other have been granted regular bail in the given circumstances and the petitioners may not be granted anticipatory bail and the learned counsel for the informant submits that there are many factors which have come in the case diary and in view of that, anticipatory bail of the petitioners may kindly be rejected. 6. Considering that the petitioner no.1 is elder sister of wife of the deceased, petitioner no.2 is co-brother of the deceased and petitioner no.3 is brother in law of the deceased and other persons have been granted regular bail and while granting regular bail in B.A. No.7117 of 2025 filed by Ritesh Kumar @ Ritesh Choudhary who was also accused in the said case and has been granted regular bail, the learned court has perused paragraph no.77 of the case diary and found that it has come that the deceased has died in a road accident and the same finding is also there in the regular bail application of the other co-accused persons in B.A. No.6368 of 2025 and B.A. No.6374 of 2025 and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Godda, in connection with Pathargama PS Case No.67 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/