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2026 DAILYLAW 8113 (JHR)

TUSHIA DEVI v. STATE OF JHARKHAND

A.B.A./7244/2025 · 2026-05-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:13457 ) -1- A.B.A. No. 7244 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7244 of 2025 1. Tushia Devi, aged about 70 years, wife of Kaltu Yadav 2. Mahendri Devi, aged about 65 years, wife of Jawahar Yadav 3. Jitendra Yadav, aged about 30 years, son of Birju Yadav 4. Rajesh Yadav, aged about 32 years, son of Jawahar Yadav All resident of Village Potam Margadda, P.O. & P.S. Kunda, District- Chatra, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Abhay Kumar Chaturvedy, Advocate For the State : Mr. Someshwar Roy, A.P.P. ----- 04/06.05.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Kunda P.S. Case No.18/2016 dated 30.07.2016, registered for the offence under Sections 147, 148, 149, 341, 323, 324, 504, 307, 302 of the Indian Penal Code, pending in the Court of the learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioners submits that there are 8 named accused persons in the FIR. He further submits that motorcycle of the co-accused was found to be punctured near the house of the informant and for that altercation took place. He further submits that it has been alleged that these petitioners along with others started quarrelling with the informant side and they have assaulted the husband of the deceased and pursuant to that, he died on the spot. He next submits that so far as these petitioners are ( 2026:JHHC:13457 ) -2- A.B.A. No. 7244 of 2025 concerned, there are general and omnibus allegations against them and even lady members have been made accused, who are petitioner nos. 1 and 2 and they are aged about 70 years and 65 years respectively. On these grounds, he submits that the prayer for anticipatory bail may kindly be allowed. 4. Learned counsel appearing for the State opposed the prayer and submits that it has come in para 45 of the case diary that the independent witness, namely, Harendra Sao has supported the case of the prosecution and in view of that, the prayer for anticipatory bail may kindly be rejected. 5. On perusal of the FIR, it transpires that the allegations of assault are there. The said scuffle took place on the allegation that the motorcycle got punctured. There are general and omnibus allegations, so far as these petitioners are concerned. In para 45 of the case diary, on which, much reliance has been placed by the learned counsel for the State, the said witness, namely, Harendra Sao has also stated that Jawahar Sao has assaulted deceased by axe and Umesh Yadav has assaulted deceased by lathi and in that view of the matter, it is also clear that so far as these petitioners are concerned, specific allegations of assault are not there against them. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond ( 2026:JHHC:13457 ) -3- A.B.A. No. 7244 of 2025 of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Kunda P.S. Case No.18/2016, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 6th May, 2026 Ajay/