SUMAN KUMAR SAHA ALIAS SUMAN KUMAR v. THE STATE OF JHARKHAND
A.B.A./10701/2022 · 2025-01-08
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29985 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29985 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 10701 of 2022
------ Suman Kumar Saha @ Suman Kumar
… Petitioner
Versus
1. The State of Jharkhand
2. Rajender Mandal … Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Din Dayal Saha, Advocate For the State
: Mr. Rakesh Kr. Sinha, Addl. P.P. For the OP
: Mr. Indu Shekhar Gupta, Advocate ------
Order No.07 Dated- 08.01.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint (PCR) Case No. 212 of 2019 registered under sections 498A/304B of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated the victim with cruelty and has committed her dowry death. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to the statement on solemn affirmation of the complainant, it is submitted that the complainant himself stated that the deceased-Bharti Devi died in the house of the complainant, after her long treatment at three different hospitals for over four months, which indicates that the death of the deceased was because of some ailment. It is then submitted that no postmortem has been done on the dead body of the deceased; which goes to show the death of the deceased was a normal death. It is then submitted that the dispute between the parties is regarding the expenses incurred by the complainant in treatment of his daughter and the expenses incurred by the complainant in marriage of his daughter but the same do not constitute any offence. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate
with the trial of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing cash security of Rs. 25,000/- and on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dumka, in connection with Complaint (PCR) Case No. 212 of 2019 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J.)
Abhiraj-