Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2061 of 2024
------ Sawan Kumar Gupta, aged about 44 years, sex-Male, s/o Sri Tulsi Gupta @ Tusi Gupta, r/o Upper Hatia, P.O.-Hatia, P.S.- Jagarnathpur, Dist.-Ranchi
… Petitioner
Versus
1. The State of Jharkhand
2. Amit Lal Gupta, s/o Ajit Lal Gupta, r/o Piska More, P.S.- Sukhdeo Nagar, Dist.-Ranchi
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rupesh Kumar, Advocate For the State
: Mr. Suraj D. Munda, Addl. P.P. For O.P. No.2
: Mr. Sanjay Kr. Thakur, Advocate ------
Order No.10 Dated- 20.01.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jagarnathpur P.S. Case No.523 of 2023 registered under sections 304B/34 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed the dowry death of his wife being Ria Kumari. It is further submitted that the allegations against the petitioner are all false and admittedly in the FIR, it has been mentioned that the deceased died after ten years of her marriage with the petitioner. Drawing attention of this Court to the suicidal note of the deceased kept at page no.37 (annexure-9) of the anticipatory bail application, it is submitted that the deceased herself stated that because of her mental condition she has committed suicide and no one is responsible for the same and in support of this contention, the petitioner relies upon the prescription issued by the Senior Consultant Neuro Psychiatrist kept at Annexure-4 of the brief. It is next submitted that this is out and out a case of suicide because of mental depression of the deceased, for which the deceased was
under medication. It is further submitted that the petitioner is the only one who can take care of the baby of the, petitioner and the deceased. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. and the learned counsel for the opposite party no.2 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 privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail 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 J.M. 1st Class, Ranchi, in connection with Jagarnathpur P.S. Case No.523 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 subject to the conditions laid down under Section 438 (2) of Cr.P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-