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2025 DAILYLAW 25744 (JHR)

RAMDHAN MAHTO v. STATE OF JHARKHAND

A.B.A./5722/2025 · 2025-09-25

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- A.B.A. No. 5722 of 2025 2025:JHHC:29921 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 5722 of 2025 ---- Ramdhan Mahto aged about 32 years son of Sri Dhanu Mahto resident of Village Potso, PS and PS Potso, District Bokaro... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Jitendra Shankar Singh, Advocate Miss Pragati Prasad, Advocate For the State :- Mr. Sanat Kr Jha, Advocate ---- 2/25.09.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Nawadih PS Case No.44 of 2025, for offence registered under section 103(1), 3(5) of BNS, 2023, pending in court of learned A.C.J.M., Bermo at Tenughat. 3. Learned counsel for petitioner submits that the petitioner happened to be husband of the deceased and she has committed suicide however the case has been registered under section 103 of BNS, 2023 and others section of BNS, 2023. He draws attention of the Court to the impugned order of the learned Sessions Judge and then submits that it has come in the post mortem examination that the cause of death is said to be cardio-respiratory failure due to ante mortem hanging. He then submits that fault has been realized by the informant and in view of that -2- A.B.A. No. 5722 of 2025 they have entered into compromise and the compromise petition is contained in Annexure -2. 4. Learned State counsel opposes prayer and submits that the petitioner is happened to be husband and in view of that the anticipatory bail may kindly be rejected. 5. It has come in the impugned order of the learned Sessions Judge that death has occurred due to cardio-respiratory failure due to ante mortem hanging however allegations are made in the FIR that after killing the deceased she was hanged and post mortem report is otherwise and further joint compromise petition is annexed as Annexure- 2 which speaks that due to mis-communication the petitioner has been implicated in the instant case, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, 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 A.C.J.M., Bermo at Tenughat, in connection with Nawadih PS Case No.44 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) Dated: 25th Sept., 2025 SI/