BIRBAL MAHTHA ALIAS BILLA MAHTHA v. THE STATE OF JHARKHAND
A.B.A./6981/2024 · 2025-04-07
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27557 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27557 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:10672 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6981 of 2024
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1. Birbal Mahtha @ Billa Mahtha aged about 34 years, Son of Bhushan Mahtha @ Bhushan Pasi,
2. Karu Mahtha aged about 26 years, Son of Bhushan Pasi @ Bhushan Mahtha,
3. Khushbu Devi @ Khusbu Devi aged about 24 years, Wife of Karu Mahtha, All resident of Village- Gidhni, P.O.- Deopur, P.S.- Jasidih, District- Deoghar.
.... .... …. Petitioners
Versus The State of Jharkhand
.... .... .... Opposite Party
With
A.B.A. No.7231 of 2024
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1. Shobha Devi, aged about 55 years; W/o Bhushan Pasi @ Bhushan Mahtha;
2. Bhushan Pasi @ Bhushan Mahtha aged about 65 years; son of Uday Mahtha, Both are resident of Village- Gidhani, Near School, P.O.- Deopur, P.S- Jasidih, District- Deoghar.
.... .... …. Petitioners
Versus The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Sudhansu Kumar Deo, Advocate
For the State
: Mr. Shree Prakash Jha, Addl.P.P
Mr. Jitendra Pandey, Addl.P.P.
For the Informant : Mr. Lalit Yadav, Advocate
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Order No.04 Dated-07-04-2025
Heard the parties. Since both these Anticipatory Bails Applications have been filed with the same prayer in connection with the same case being Jasidih P.S. Case No.212 of 2024, hence, both these Anticipatory Bails Applications are
disposed of by this common order. Apprehending their arrest in connection with Jasidih P.S. Case No.212
of 2024 instituted under Sections 123/3(5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons, administered poison to the deceased- Riti Devi resulting in her death. It is next submitted that the allegation against the petitioners is false. Drawing attention of this court towards para-20 in A.B.A. No.6981 of 2024 and para-23 in A.B.A. No.7231 of 2024, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Learned counsel for the petitioners and the learned counsel for the informant jointly draw attention of this court towards I.A. No.4060 of 2025 in A.B.A. No.6981 of 2024 and I.A. No.4061 of 2025 in A.B.A. No.7231 of 2024 which are supported by the separate affidavits of the informant- Gulabi Devi and the petitioners of the respective Anticipatory Bails Applications and submit that it has been categorically mentioned therein that a joint compromise petition has been filed by the informant and the father of the victim as well as the petitioners of the case; consequent upon a compromise and therein it has also been mentioned that the informant does not want to proceed with the case. It is then submitted that the informant has also intimated the Superintendent of Police, Deoghar that her thumb impression has been misused and misusing the same, a written report purported to have been submitted by her has when created and basing upon the same, police registered Jasidih P.S. Case No.212 of 2024. It is further submitted that in the post-mortem, the Doctor could not ascertain the cause of death. It is also submitted that there is no material available in the record to suggest that the petitioners forcibly administered poison to the deceased. It is then submitted that the petitioners of both the Anticipatory Bails Applications have been implicated in this case only on the basis of suspicion. It is further submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide
order dated 27.01.2025 passed in A.B.A. No.557 of 2025. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State in both the Anticipatory Bails Applications opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Deoghar in connection with Jasidih P.S. Case No.212 of 2024 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In view of disposal of these Anticipatory Bails Applications, I.A. No.4060 of 2025 in A.B.A. No.6981 of 2024 and I.A. No.4061 of 2025 in A.B.A. No.7231 of 2024 are disposed of accordingly.
(Anil Kumar Choudhary, J.) Saroj/