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2025 DAILYLAW 33044 (JHR)

INDRADEV CHOUDHARY v. THE STATE OF JHARKHAND

A.B.A./5910/2025 · 2025-12-11

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:37235] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5910 of 2025 1. Indradev Choudhary, age about 45 yrs, S/o Kewal Choudhary 2. Devanti Devi aged about 41 yrs W/o Indradev Choudhary 3. Dipu Kumar @ Deepak Kumar, aged about 18 yrs, S/o Indradev Choudhary All are resident of Village Banpur, P.O + P.S. Latehar, District - Latehar, Jharkhand. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ashok Kumar Singh, Advocate. For the State : Mr. Sanat Kumar Jha, A.P.P. ------ 04/ 11.12.2025 Heard learned counsel appearing for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Latehar P.S. Case No. 114 of 2025, registered for the offences under Sections 103(1), 238(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Latehar. 3. Learned counsel appearing for the petitioners submits that the petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner No. 3 is the brother-in-law of the deceased. He next submits that there are general and omnibus allegations against all the family members of torturing the deceased, who happened to be the daughter-in-law of petitioner Nos. 1 and 2. He then submits that the husband of the deceased was already arrested and he has been enlarged [2025:JHHC:37235] -2- on bail by the co-ordinate bench of this court. He further submits that even the date and time is not disclosed in the FIR and there are no independent witnesses also. He also submits that in the post-mortem report itself, it has come that the cause of death is due to asphyxia caused by hanging and mark of ligature was found around the upper part of the neck. He submits that in view of the ligature mark in the upper part of the neck, this is a case of asphyxia due to hanging and the petitioners have not made such efforts. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioners are the parents-in-law and brother-in-law of the deceased and allegations are there of torturing the deceased due to that the deceased has committed suicide. 5. Looking into the contents of the FIR, it transpires that there are general and omnibus allegations and even the date and time has not been disclosed in the FIR and the husband of the deceased was arrested and he has already been granted regular bail. On query made about the independent witnesses, learned A.P.P. appearing for the State with regard to the independent witnesses, refers to paras-53 and 54 of the case diary. The court has perused the said paragraphs and finds that these independent witnesses have only stated that in their presence, the videography has been made and further in the post-mortem report, it has come that the cause of death is due to asphyxia caused by hanging and mark of ligature was found around the upper part of the neck. 6. In the attending facts and circumstances of the case, I am inclined to provide privilege of anticipatory bail to the petitioners. 7. Accordingly, the petitioners, named above, are hereby directed to surrender before the learned court within three weeks from [2025:JHHC:37235] -3- today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Latehar, in connection with Latehar P.S. Case No. 114 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-11.12.2025 Amitesh/-