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2025 DAILYLAW 6200 (JHR)

BIMLESH MISHRA v. THE STATE OF JHARKHAND

A.B.A./2017/2025 · 2025-03-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2017 of 2025 ------ Bimlesh Mishra, aged about 38 years, S/o-Ramdeo Mishra, R/o-N.S. Colliery Bijpur, P.O.-Jamuria & P.S.-Searsole Rajbari, District- Barddhaman, West Bengal. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ashok Kr. Sinha (4), Advocate : Mr. Arya Kumar, Advocate : Mr. Sumeet Anand, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P. ------ Order No.02 Dated- 27/03/2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Giridih (M) P.S. Case No.304 of 2023 registered under sections 323, 306, 504, 506, 304, 304A, 304B of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused person committed dowry death of the deceased. It is further submitted that the allegations against the petitioner are all false. It is next submitted that there is an inordinate delay of more than 8 months in instituting the complaint; which on being referred to police under Section 156(3) of Cr.P.C.; the FIR of this case has been registered. It is next submitted that the only allegation against the petitioner is that he did not provide money for treatment of the deceased. It is next submitted that the deceased died after 11 years after her marriage, while she was in the house of her father during the course of her treatment for a considerable period of time. It is next submitted that the co-accused persons have been given the privileges of anticipatory bail by this Court vide order dated 07.02.2025 in A.B.A. No.830 of 2025. It is further submitted that the petitioner undertakes that he will not disturb or annoy the informant in any manner during the pendency of the case. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges 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 above named petitioner be given the privileges of anticipatory bail. Hence, in the event of his arrest or surrendering within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case and he will not disturb or annoy the informant 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. (Anil Kumar Choudhary, J.) Abhiraj/