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2025 DAILYLAW 5692 (JHR)

SONIYA DEVI ALIAS SUNIYA KUMARI v. THE STATE OF JHARKHAND

A.B.A./1086/2025 · 2025-07-02

Sri Ananda Sen

body2025

Judgment text

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JHC: 2025 JHHC:17517 IN THE HIGH COURT OF JHARKHAND AT RANCHI Α.Β.Α. No. 1086 of 2025 ------- Soniya Devi @ Suniya Kumari, wife of Suraj Munda @ Surju Munda, resident of village Goriyato, P.O Gujhandi, P.S. Tilaiya, Koderma . ....Petitioner(s). Versus The State of Jharkhand …...Opp. Party(s). ------- CORAM: SRI ANANDA SEN, J. -------- For the Petitioner(s): Mr. Rajesh Kr. Singh, Advocate. For the State: Ms. Kumari Rashmi, A.P.P ------- 03/02.07.2025 : This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending her arrest for offences registered under Section(s) 80, 85, 3(5) of the BNS and Section 3/4 of the Dowry Prohibition Act 2. Heard the parties at length and had gone through the documents, annexed along with this application. 3. Opportunity was given to the State to oppose the bail, which the State availed and opposed. 4 The petitioner is the sister in-law of the deceased. There is allegation that due to non-fulfillment of dowry, the deceased was murdered. 5. Counsel for the petitioner submits that in the impugned order itself, the Trial Court has noted the statement of the witnesses, who stated that this petitioner and her husband had got no concern with the family of the deceased and they are living separately. He further submits that it has also come in the impugned order that the properties were partitioned, thus the petitioner having no concern with the family of the deceased. 6. From perusal of the record, I find that the trial court has noted the statement of the witnesses recorded in the case diary, it has come that this petitioner was not having any concern with the family of the deceased and her husband. Further from the application itself, I find that the address of this petitioner is of Tilaiya, Koderma whereas, the occurrence had taken place at Chatra, which also fortifies the fact that the petitioner was not residing with the deceased. 7. In view of the aforesaid facts, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge her on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Chatra, in connection with Pathalgadda P.S. Case No. 32/2024, subject to condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P-3 (ANANDA SEN, J.)