DR. SATYAPRAKASH ALIAS DR. STAY PRAKASH v. THE STATE OF JHARKHAND
A.B.A./2378/2025 · 2025-04-21
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6848 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6848 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11823 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2378 of 2025
----- 1.Dr. Satyaprakash @ Dr. Stay Prakash, S/o Vishnudev Yadav, R/o Khagaria, P.O., P.S. & District Khagaria, Bihar at present posted as Pakur Sadar Hospital, P.O., P.S. & Dist- Pakur 2.Kumar Bhushan Sinha, S/o Hardeo Prasad Sinha, R/o Balwapur, P.O. Amanwan, P.S. & District Nalanda, Bihar 3.Sarita Roy, W/o Vijay Kumar Rana, District Meharma, P.O. & P.S. Mehrma, District- Godda 4.Pramodni Kisku, W/o Comellus Soren, R/o Bhairodhab, P.O. Panchkatiyu, P.S. Barheit, District Sahibganj
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s).
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Sabyasanchi, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P.
…......
06/ 21.04.2025: Heard, learned counsel for the petitioners and learned counsel for the State.
2.
This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending their arrest for the offences under Sections 302/120B/201/34 of IPC.
3.
Learned counsel for the petitioners at the very outset submits that
order taking cognizance dated 24.02.2022, so far as petitioners namely, Dr. Satyaprakash @ Dr. Stay Prakash and Kumar Bhushan Sinha is concerned, has been quashed by a Co-ordinate Bench of this Court. He further submits that now the anticipatory bail application is only confined to petitioner Nos.3 and 4.
4.
Accordingly, prayer for anticipatory bail of the petitioner Nos.1 and 2 stands rejected.
5.
Learned counsel for the State opposes the prayer for anticipatory bail of the petitioner Nos.3 and 4.
6.
After going through the allegation, I find that the petitioner Nos.3 and 4 are the nurses. It has been stated that deceased did not return to his house
2025:JHHC:11823 when some ladies came and informed the informant that some incident occurred with her husband and her husband is lying on the railway line and was brought to the Sadar Hospital. It is alleged that on the way the husband of the informant told her that the accused Nos.1 to 9 (not the petitioner) has inflicted grievous injuries upon him with an intention to kill him and thrown him on the railway line, but he somehow saves his life. The injured was brought to the hospital and in course of treatment, he died. The dead body of the deceased was brought by the accused to the house of the informant and in order to cause disappearance of evidence without postmortem, under criminal conspiracy performed funeral of the deceased. It is stated that the deceased has some land dispute with the other co-accused persons. Though the entire allegation is against the other co-accused persons there is nothing in the F.I.R. to suggest that these petitioners had got any hand in the said occurrence. The only allegation is that they are the nurses in the hospital where the deceased was brought for treatment.
7.
Considering the aforesaid facts, the anticipatory bail application stands allowed. The petitioner Nos.3 and 4 are directed to surrender before the learned Court below within four weeks from the date of receipt of copy of this
order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate 1st Class, 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 subject to the condition that one of the bailers should be a close relative of these petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.
(ANANDA SEN, J.) R.S./