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2025 DAILYLAW 28779 (JHR)

YUDHISTHIR RAJWAR v. THE STATE OF JHARKHAND

A.B.A./7466/2024 · 2025-06-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16599 IN THE HIGH COURT OF JHARKHAND AT RANCHI Α.Β.Α. Νο. 7466 of 2024 1. Yudhisthir Rajwar 2. Jagdish Rajwar 3. Duryodhan Rajwar 4. Parmeshwar Rajwar @ Parmeswar Rajwar 5. Lakhikant Rajwar All sons of late Rakhohari Rajwar, R/o village Parkidih, PO Senera, PS Puruliya (M), District Puruliya (West Bengal). ....Petitioner(s) Versus 1.The State of Jharkhand 2. Shatrughan Rai Samant, S/o late Abhilash Raim Samant, R/o village Parbahal, PO: Gamharia, PS Chandankiyari, (OP Barmasiya), Distt. Bokaro…..OP(s) CORAM : SRI ANANDA SEN, J. For the Petitioner(s) : Mr. Ramesh Kumar, Advocate For the State : Mr. Bishwambhar Shastri, APP For the OP No.2 : Mr. Sunil Singh, Advocate ------- 05/23.06.2025: This is an application filed by the petitioners praying for grant of anticipatory bail in terms of sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023, as the petitioners have been allegedly implicated in connection with C.P. Case No. 870 of 2019, for the offences punishable under section 302/201/149 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Bokaro. 2. Heard the learned counsel for the petitioners and the learned counsel for the State. 3. The learned counsel for the State and the learned counsel for the opposite party no.2 oppose the prayer for anticipatory bail of the petitioners. 4. The informant is grandfather of the deceased. The wife of the petitioner no.1 was having some affair with the Raju Rai as a result of which these petitioners committed murder of deceased. 5. The case was initially reported as unnatural death case. Thereafter a complaint was filed. The complaint was sent under section 156(3) Cr.P.C. for registration of FIR. The police investigated the case and filed a report exonerating the petitioners as there was no evidence against them for instigating the deceased to commit suicide. Thereafter, protest petition was filed on the basis of which the cognizance was taken and summons were issued. 2025:JHHC:16599 6. The learned counsel for the State submits that the cause of death is asphyxia as a result of hanging. 7. There is nothing in the impugned order that there was injury on the persons of the deceased. 8. Since cognizance has already been taken and the petitioners have been summoned, there is no scope of any investigation. Further, in an investigation the petitioners have been exonerated, I am inclined to release the petitioners on anticipatory bail. 9. Accordingly, the petitioners, above named, are directed to surrender before the court below within three weeks from today and in the event of their surrender/arrest the learned court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bokaro, in connection with C.P. Case No. 870 of 2019, subject to the condition that one of the bailers should be close relative of the petitioners 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 learned trial court indicating his/her share in the property further they will give an undertaking that they will cooperate in the trial and will not unnecessary linger the same. (ANANDA SEN, J.) KNR/ 2025:JHHC:16599 -2-