Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7589 of 2024 ------ Babita Devi, W/o Nageshwar Yadav, R/o Village Dhawatand, P.O. & P.S. Bhelwaghati, District Giridih. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Vijay Kumar Roy, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. -----
05/ 24.06.2025
Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending her arrest for offence under Sections 302, 201, 120(B) and 34 IPC. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The allegation against the petitioner is that she being the wife of the deceased, was having some differences and was residing in her parents house. It is alleged that the deceased had gone to bring her back at night to which the brother of this petitioner opposed. The informant received information on the next day that his son has been murdered by the petitioner and her family members. 5. This petitioner is none else but the wife of the deceased. 6. The statement of the independent witnesses suggests that the deceased had gone to bring the petitioner back to which her brother opposed on the pretext that he will not allow her sister to go at night. The deceased was instructed to come on the next day morning. On the very next day, the dead body of the deceased was found. 7. The statement of the independent witnesses suggests that due to the aforesaid fact that he was not allowed to take his wife, he had committed suicide. Para-56 of the case diary suggests that charge-sheet has already been submitted against brother of
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this petitioner under Section 306/34 IPC. There is no injury on the person of the deceased. 8. Considering the fact that charge-sheet has been submitted under Section 306/34 IPC and statement of the independent witnesses at para-32 and 33, who stated that this is a case of suicide and the petitioner being the wife of the deceased, there is nothing on record to suggest that this petitioner has instigated the deceased to commit suicide, I am inclined to grant anticipatory bail to this petitioner. 9. 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 her surrender or arrest, she 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 Judicial Magistrate 1st Class, Giridih, in connection with Bhelwaghati P.S. Case No.3 of 2024, 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 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.)
Prashant. Cp-3