Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 30623 (JHR)

KANCHAN MONDAL v. THE STATE OF JHARKHAND

A.B.A./7987/2024 · 2025-01-13

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7987 of 2024 ------ Kanchan Mondal, aged about 35 years, son of Samir Kumar Mondal @ Late Sameer Kumar Mondal, resident of Village- Mukundadih, P.O.-Daldali, P.S.-Nirsa (Kalubathan OP), Dist.- Dhanbad … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mr. Nishant Kr. Roy, Advocate : Ms. Jasvindar Mazumdar, Advocate For the State : Mrs. Anuradha Sahay, Addl. P.P. For the Informant : Mr. Naresh Pd. Thakur, Advocate ------ Order No.03 Dated- 13.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nirsa (Kalubathan OP) P.S. Case No.341 of 2024 registered under sections 103(1)/3(5)/238 of the B.N.S., 2023. The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons has committed the murder of his wife namely Bornali Mondal. It is further submitted that the allegations against the petitioner are all false and the case has been instituted only on the basis of suspicion. It is next submitted that the postmortem report goes to show that the deceased died due to asphyxia as a result of drowning which was ante mortem in nature. It is further submitted that there is no eyewitness to the occurrence. Drawing attention of this Court to the copy of the petition filed by the informant in the court of Sessions Judge, Dhanbad in A.B.P. No. 3318 of 2024, it is submitted that the co-accused person has been given the privilege of anticipatory bail, after documents were produced by the accused person, to the effect that the informant has categorically stated therein that the relationship between the deceased and the petitioner were all along cordial and the informant does not want to proceed with the case. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned counsel for the informant who is present in Court also submits that because of some misunderstanding, the FIR was instituted and the petitioner has no complicity in the death of the deceased. Learned Addl. P.P. 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, he shall be released on bail 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, Dhanbad, in connection with Nirsa (Kalubathan OP) P.S. Case No.341 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-