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2025 DAILYLAW 4528 (JHR)

MURARI PRASAD GUPTA v. STATE OF JHARKHAND

A.B.A./844/2025 · 2025-02-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 844 of 2025 ------ 1. Murari Prasad Gupta, age 70 years old, son of late Sukhdev Prasad Gupta 2. Krishna Devi, age 65 years old, wife of Murari Prasad Gupta 3. Soni Gupta @ Vikash Kumar Das, age 35 years old, son of Murari Prasad Gupta 4. Ravi Prasad Gupta @ Ravi Prasad, age 40 years old, son of Murari Prasad Gupta 5. Raja @ Chotu Gupta, age 24 years old, son of Murari Prasad Gupta 6. Khusbu Devi, age 32 years old, wife of Ravi Kumar Gupta 7. Radha Devi, age 31 years old, wife of Soni Gupta All are resident of Gulli Mohalla, Patania Tola, P.O. & P.S.- Sahibganj, Dist.-Sahibganj 8. Lakshmi Devi @ Lachho Devi, age 73 years old, wife of late Banarasi Gupta, resident of Karan Purato, P.O. & P.S.-Sahibganj, Dist.-Sahibganj 9. Usha Devi @Anita Devi, age 47 years old, wife of Bal Kishore Gupta, resident of Village-Mathura, P.O.-Sahibganj, P.S.-Belhar, Dist.-Banka, Bihar 10. Puja Devi age 30 years old, wife of late Shankar Gupta, resident of Village-Mathura, P.O.-Sahibganj, P.S.-Belhar, Dist.-Banka, Bihar 11. Asha @ Asha Devi, age 34 years old, wife of Bablu Das, resident of Village-Durichar, P.O. & P.S.-Pathargama, Dist.-Godda 12. Rupa Devi @ Rupa Kumar, age 24 years old, wife of Pankaj Kumar, resident of Village-Hat Road Purab Tola, P.O. & P.S.- Kahalgao, Dist.-Bhagalpur, Bihar … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sabyasanchi, Advocate For the State : Mr. Shree P. Jha, Addl. P.P. ------ Order No.02 Dated- 07.02.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sahibganj Rail P.S. Case No.07 of 2020, SBG/GRPS Case No. 7 of 2020 (Railway G.R. No. 19 of 2020) registered under sections 302/120B/201/34 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners assaulted the husband of the informant-complainant and to kill him threw him on the railway track. It is then alleged that the husband of the informant-complainant was treated in government hospital from midnight to 12:20 am on 10.01.2017 and he died at 12:30 am and the petitioners brought the dead body of the husband of the informant-complainant to the house and without postmortem, cremated the dead body of the deceased husband of the informant-complainant on 11.01.2017. It is further submitted that the allegations against the petitioner are all false and though the death of the deceased husband of the informant- complainant took place on 10.01.2017 but the complainant filed the complaint, in the court of Railway Magistrate, Sahibganj on 12.10.2020 and upon the same, being referred to police under Section 156(3) Cr.P.C., police conducted an investigation and submitted final report that the allegation was found to be false and did not sent up the petitioner for trial but the leaned Magistrate differing from the charge sheet found that there is sufficient material in the diary to constitute the offences punishable under Sections 302/201/34 of Indian Penal Code and took cognizance of the said offence. It is also submitted that the petitioners are agnates of the complainant and because of land dispute, more than three years after the death of her husband, this false case has been foisted and the same was found to be false by the police during the pendency of the case. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further 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. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 10,000/- each and 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 Railway Judicial Magistrate, Sahibganj, in connection with Sahibganj Rail P.S. Case No.07 of 2020, SBG/GRPS Case No. 7 of 2020 (Railway G.R. No. 19 of 2020) with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Sonu/Gunjan- (Anil Kumar Choudhary, J.)