KALABATI GORAIN ALIAS KALAWATI GORAIN v. THE STATE OF JHARKHAND
A.B.A./1231/2025 · 2025-07-03
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3877 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3877 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:17713 ) 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1231 of 2025 ------
1. Kalabati Gorain & Kalawati Gorain, aged about 48 years, W/O Hasu Gorain. 2. Hasu Gorain, aged about 6 years, S/O Gobind Gorai. (Both resident of Village Tentulia, PO – Togidih (Mohal) & PS – Siyaljori, Yogidih Mahal, Distrit – Bokaro, Jharkhand. … Petitioners Versus
1. The State of Jharkhand. 2. Yudhisthir Gorain (father of deceased), S/O Gopal Gorain, R/O – Malonchandi, PO – Santaldih, PS – Para, District – Purulia, West Bengal. … … Opposite Parties ------ CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Khushboo Kumari, Advocate For the State : Mr. Rakesh Ranja, APP -----
06/ 03rd July 2025
1. Heard the learned counsel for the parties. 2. This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences registered under Sections 323, 304B, 302 / 34 and 120B of the Indian Penal Code. 3. The petitioners are mother-in-law and father-in-law of the deceased. 4. Learned A.P.P. representing the State opposes the prayer of the petitioner for grant of anticipatory bail. 5. Police after investigation filed final report exonerating these two petitioners. The informant, thereafter, filed a protest petition which was converted into a complaint and after the enquiry witnesses were examined, cognizance was taken under Sections 323, 304B, 302 / 34 and 120B of the Indian Penal Code. 6. Since now the cognizance has been taken on a protest –cum- complaint, there is no scope of investigation. As there is no scope of investigation, there cannot be a custodial interrogation investigation also. The petitioner has to
( 2025:JHHC:17713 ) 2
only answer the summon and appear before the Court concerned and co- operate with the trial. 7. Considering the aforesaid facts, I am inclined to allow this Anticipatory Bail Application. Accordingly, this Anticipatory Bail Application stands allowed.
The petitioner above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Court of Judicial Magistrate – 1st Class, Bokaro, in connection with Protest-cum- Complaint Petition C.P. Case No. 1302 of 2018, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. Further, the petitioners are directed to co-operate with the trial during investigation. (ANANDA SEN, J.) Aditi