2026:JHHC:21555 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2503 of 2026 ---- Dev Kumar Saw @ Chotan Saw, aged about 31 years, son of Doman Sao, resident of Village Kharshan, PO Kahuwai, PS Gawan, District Giridih .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Prashant Kumar Rai, Advocate For the State :- Mr. Abhay Kumar Tiwari, Advocate ---- 3/21.07.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Gawan PS Case No.68 of 2024, for offence registered under section 498(A), 328, 302, 323,34 of IPC and Section 3 and 4 of Dowry Prohibition Act, pending in court of learned Judicial Magistrate First Class, Giridih. 3. Learned counsel for petitioner submits that the petitioner is husband of the complainant and false allegations are made against the petitioner that this petitioner has poisoned his own child aged about 3 years. He next submits that death has occurred due to illness of the child on 18.7.2022 whereas the complaint case has been filed on 01.9.2022 i.e. after 43 days of the said death. He next submits that in the case diary which has been called by the Court vide last order in which it appears that independent witnesses have said in paragraph nos.34, 35 and 36 that the death of the child has occurred due to illness. He next submits that in the medical report there is no mention of poisoning and death has occurred due to cardio respiratory arrest and the petitioner has also instituted the 2026:JHHC:21555 2 case under section 13(1)(a) of Hindu Marriage Act for divorce being O.M.S. Case No.272 of 2021 which is pending before the learned Principal Judge, Family Court, Giridih and in view of that he submits that anticipatory bail may kindly be granted. 4. Learned State counsel opposes prayer and submits that there is allegation of administrating poison upon his own child. 5. Annexure-3 is the petition under section 13(1a) of Hindu Marriage Act filed by the petitioner and the alleged death of the child has occurred on 18.7.2022 whereas the complaint case has been filed on 01.9.2022 which has been converted into the FIR. In para 47 of the case diary, the death certificate is there and the cause of death is said to be cardio respiratory arrest, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Giridih, in connection with Gawan PS Case No.68 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 21.07.2026 SI/