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2025 DAILYLAW 4056 (JHR)

MANJU MAHTHA v. THE STATE OF JHARKHAND

A.B.A./557/2025 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.557 of 2025 ------ Manju Mahtha, aged about 32 years; S/o Bhushan Pasi @ Bhushan Mahtha; resident of Village- Gidhani (Near School), P.O.- Deopur, P.S.- Jasidih, District- Deoghar. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sudhansu Kr. Deo, Advocate For the State : Ms. Anuradha Sahay, Addl. P.P For the Informant : Mr. Lalit Yadav, Advocate ------ Order No.02 Dated- 27-01-2025 Heard the parties. Apprehending his arrest in connection with Jasidih P.S. Case No.212 of 2024 instituted under Sections 123, 3 (5) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel 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 along with co-accused persons, has administered poison to his wife- Riti Devi resulting in her death. It is submitted that the allegation against the petitioner is false. Learned counsel for the petitioner and the learned counsel for the informant jointly draw the attention of this Court toward Annexure-2 which is the copy of the certified copy of the joint compromise petition filed by the informant and the father of victim as well the accused person of the case and submit that therein it has categorically been mentioned that the informant does not want to proceed with case. Drawing attention of this Court towards Annexure-3 Series at page-22, learned counsel for the petitioner submits that the informant has intimated the Superintendent of Police, Deoghar that her thumb impression has been misused and misusing the same, a written-report purported to have been submitted by her, has been sent to police basing upon which Jasidih P.S. Case No.212 of 2024 has been registered. It is further submitted that in the post-mortem, the doctor could not ascertain the cause of death of the deceased. It is also submitted that there is no material in the record to suggest forcefully administering of poison to the deceased. It is also submitted that the petitioner has been implicated in this case only on the basis of suspicion. It is lastly submitted that the petitioner undertakes to co- operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Deoghar in connection with Jasidih P.S. Case No.212 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/