Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:16196 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6255 of 2024 ------ 1.Rajkumari Devi, wife of Sri Rajesh Ram 2.Rajesh Ram, son of late Budhi Mochi 3.Satendra Kumar Ram @ Satendra Ram, son of Sri Rajesh Ram Both are residents of village Pokhraha Kala, PO Daltonganj, PS Sadar Daltonganj, District Palamau … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Anurag Kashyap, Advocate. For the State : Ms. Kumari Rashmi, APP For the Informant : Mr. Rakesh Ranjan, Advocate ----- 05/ 19.06.2025 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.
3. The petitioners are the in-laws of the deceased. It is alleged that within seven months of marriage the deceased died an unnatural death in her in-laws house. There is an allegation of demand of dowry and torture also. In the FIR it has been stated that poison was administered.
4.
Learned counsel for the petitioners submits that there is no material to suggest that the poison was administered rather deceased herself was suffering from several ailments for which she was admitted in the government hospital and after prolonged treatment she died.
5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
6. After going through the FIR and the documents filed by the State, I find that even though there is an allegation of torture, assault and administering of poison but the viscera
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report negates presence of any poison. From the affidavit filed by the State dated 13.06.2025 it is clear as per Annexure-A series that the deceased was admitted in Medicine Ward on 03.11.2023 thereafter again on 09.11.2023 there are prescription in Investigation Requisition Form of RIMS, Ranchi. Ultimately, the deceased died on 18.11.2023. The postmortem report does not suggest any physical injury. Further the viscera report also does not suggest presence of any poison. It is surprising that the FIR was lodged on 24.11.2023 i.e. after the death and even after the postmortem was conducted. Further there is nothing on record to suggest that the deceased who was in the hospital for the very long period did not disclose before any of the doctor about the torture, assault and administering of poison, if any.
7. Considering the aforesaid fact, this Court finds it a fit case for grant of anticipatory bail to the petitioner.
8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is 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 his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj, in connection with Sadar P.S. Case No.123 of 2023, subject to the condition that one of the bailers should be a 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.
(ANANDA SEN, J.) Tanuj/Cp-3