KALACHANDRA MIRDHA ALIAS KALACHAND MIRDHA v. THE STATE OF JHARKHAND
A.B.A./5488/2025 · 2025-12-20
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40559 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40559 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:38403
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IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5488 of 2025
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1. Kalachandra Mirdha @ Kalachand Mirdha, aged about 45 years, son of Late Satan Mirdha
2. Ramiya Devi @ Fulmani Devi @ Rania, aged about 40 years, wife of Kalachandra Mirdha @ Kalachand Mirdha
3. Bajan Devi, aged about 55 years, wife of Kinu Mirdha
4. Lata Devi, aged about 26 years, wife of Pawan Mirdha All are resident of village Babhankaitha, PO and PS – Hansdiha, District – Dumka, Jharkhand
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Durga C. Mishra, Advocate
For the State
:- Mr. Rajesh Kumar, Advocate
---- 03/20.12.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State through V.C.
2. The petitioners are apprehending their arrest in connection with Hansdiha P.S. Case No.67 of 2024, for the alleged offences registered under Sections 103(1), 238(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Dumka.
3.
Learned counsel appearing for the petitioners submits that if any allegation is made that is against Kinu Mirdha and further allegations are made that Rs.50,000/- was taken by him and for not returning back the said money dispute has arisen. He further submits that the dead body was found hanging on a tree and the postmortem report has come at paragraph No.53 of the case diary where no injury has been found and the case of death is said to be asphyxia due to hanging. He then submits
2025:JHHC:38403
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that in the case diary also the police dog has gone to the house of Kinu Mirdha.
4.
Learned counsel appearing for the State through V.C. opposes the prayer and submits that even the police dog has gone to the house of the petitioner.
5. Looking into the contents of the FIR it transpires that Kinu Mirdha has taken Rs.50,000/- as alleged, however, from the case diary it transpires that Kinu Mirdha has taken Rs.50,000/ from the informant and for that the dispute has taken place and that allegation is not against the petitioners and the death is said to be asphyxia due to hanging and in the postmortem report no injury has been found. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioners.
6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within four 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 Chief Judicial Magistrate, Dumka in connection with Hansdiha P.S. Case No.67 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 20.12.2025 Sangam/