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2025 DAILYLAW 38274 (JHR)

SONI KUMARI v. STATE OF JHARKHAND

A.B.A./5785/2025 · 2025-09-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:30542 ) --1-- IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5785 of 2025 ---- 1. Soni Kumari, D/o Rupesh Das, aged about 17 years, r/o of village Punasi, Police Station- Jasidih, Post Office-Punasi, District- Deoghar, Jharkhand 2. Bijay Das @ Vijay Das, son of Rajendra Das, aged about 23 years, resident of village Suriyabandhi, Police Station-Jasidih, Post Office-Deoghar, District- Deoghar, Jharkhand 3. Sanjay Kumar Das @ Sanjay Das, son of Panchu Das @ Pandey Das, aged about 29 years, resident of village-Sirsia, Police Station-Deoghar, Post Office-Bhojpur, District-Deoghar, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Lalit Yadav, Advocate For the State :- Mr. Shashi Kumar Verma, A.P.P. ---- 04/26.09.2025 Heard the learned counsel for the petitioners as well as the learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Jasidih P.S. Case No.383 of 2024, for the offence registered under sections 103(1), 238/ 3(5) of BNS, 2023, pending in the court of learned Additional Chief Judicial Magistrate, Deoghar. 3. Learned counsel for the petitioner submits that the petitioner ( 2025:JHHC:30542 ) --2-- no.1 is wife and petitioner nos. 2 and 3 are brother-in-laws of the deceased. He submits that the allegations are there of killing which is general and omnibus and further the deceased has died due to falling in the Punasi Dam in the district of Deoghar. He next submits that the person who was deputed for controlling the water of the said Dam, has deposed in paragraph no.7 and has narrated the story how the deceased has drawn in the said Dam. He also submits that in paragraph no.9 of the case diary, independent witness has not supported the case and in view of that the petitioners may kindly be allowed anticipatory bail. He further submits that two of the co-accused have been granted the privilege of anticipatory bail in A.B.A No. 4331 of 2025. 4. Learned counsel for the State submits that the case diary has been received and from the post mortem report it is crystal clear that due to the injury caused by hard and blunt substance the deceased has died. He submits that on the date of accident, the deceased has called upon the family members and has requested to save the life. 5. From the FIR it transpires that there are general and omnibus allegations against all the accused persons including the petitioners and it is not specific that who has assaulted or who has even thrown the deceased in the said Dam. In paragraph no.7 of the case diary, the person who was posted there to control the water of the said Dam has narrated to the effect that Saroj Das who has also ( 2025:JHHC:30542 ) --3-- gone there along with the deceased, has heard the shout to the effect that the deceased is falling in the Dam, and further the fisherman who has been examined in paragraph no.8 of the case diary has also stated in the same line and due to falling in the Dam, the injury caused by hard and blunt substance cannot be ruled out, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from 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 Additional Chief Judicial Magistrate, Deoghar, in connection with Jasidih P.S. Case No.383 of 2024, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS). 26.09.25 (Sanjay Kumar Dwivedi, J.) Abha/