Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.830 of 2025
------
1. Amarnath Mishra, aged about 43 years, S/O-Ramdeo Mishra
2. Asha Devi @ Asha Mishra, aged about 59 years, D/O Swarupmani Mishra, W/O-Ramdeo Mishra
3. Saroj Devi @ Saroj Mishra, aged about 59 years, D/O-Surya Narayan Pathak, W/O-Amarnath Mishra All petitioner no. 1 to 3, R/O-N.S. Colliery Bijpur, P.O.-Jamuria & P.S.-Searsole Rajbari, Dist.-Barddhaman, West Bengal
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Ashok Kr. Sinha 4, Advocate
For the State
: Mr. Fahad Allam, Addl. P.P
------
Order No.02 Dated- 07-02-2025
Heard the parties.
Apprehending their arrest in connection with Giridih (M) P.S. Case No.304 of 2023 instituted under Sections 323, 306, 504, 506, 304/ 304A and 304B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of the common intention with the co-accused persons committed the dowry death of the deceased. It is next submitted that there is inordinate delay of more than eight months for instituting the complaint which upon being referred to police under section 156(3) Cr.P.C., the F.I.R. of this case has been instituted. It is further submitted that the only allegation against the petitioners is that petitioners did not provide money for treatment of deceased. It is further submitted that admittedly deceased died because of non-providing treatment and inadequate food. It is also submitted that petitioner no.1 is working as a teacher in Eastern Coal Field Limited, petitioner no.2 is widow mother-in-low and petitioner no.3 is the sister-in-law of the deceased. It is further submitted that petitioners are living separately from the husband of the deceased in separate mess. It is further submitted that the deceased died
about 11 years of marriage. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners.
Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Giridih in connection with Giridih (M) P.S. Case No.304 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or any of her family members in any manner 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.) Rohit/