2026:JHHC:374 --1-- A.B.A. No. 18 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 18 of 2026 ---- 1.Ruby Devi @ Ruby Kumari, D/o Ramesh Rao, aged about 28 years 2.Sarita Kumari @ Naina Devi, aged about 32 years, W/o Pandav Kumar Rao 3.Sushila Devi, W/o Ramesh Rao, aged about 60 years 4.Pandav Rao @ Pandav Kumar Raw, S/o Ramesh Rao, aged about 30 years 5.Chandan Rao @ Chandan Kumar Rao, R/o Ramesh Rao, aged about 32 years 6.Nandan Rao @ Nandan Kumar Rao, S/o Ramesh Rao, aged about 26 years 7.Kundan Rao @ Kundan Kumar Rao, S/o Ramesh Rao, aged about 34 years 8.Rupesh Rao @ Rupesh Kumar Raw, S/o Ramesh Rao, aged about 36 years, All are resident of village – Khijuria, PO – B. Deoghar, PS – Deoghar Town, District - Deoghar .... Petitioners -- Versus -- 1. The State of Jharkhand 2. Prem Kumar Jaiswal, S/o Late Jagdish Jaiswal, resident of village – Nawadih, PO – Baliyachoki, PS – Kunda, District - Deoghar .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Lakhan Chandra Roy, Advocate :- Mr. Ashok Kr. Ray, Advocate For the State :- Ms. Mohua Palit, Advocate For the Complainant :- Mr. Sudhansu Kumar Deo, Advocate ---- 04/08.01.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with 2026:JHHC:374 --2-- A.B.A. No. 18 of 2026 Complaint Case No.1338 of 2022, for the alleged offences registered under Sections 302/34 of Indian Penal Code pending in the Court of learned S.D.J.M., Deoghar. 3. Learned counsel appearing for the petitioners submits that Mohanpur P.S. Case No.200 of 2017 was registered against the petitioners alleging that the petitioners have instigated the deceased to take poison. He further submits that the said case was investigated by the police and final form was submitted stating that there is no evidence against the petitioners and pursuant to that the learned Court of S.D.J.M. by order dated 11.12.2021 accepted the final form and no protest petition was filed by the complainant. He then submits that later on the complainant has moved before the learned Sessions Judge in Criminal Revision No.59 of 2022 and learned Sessions Judge has been pleased to set aside the order dated 11.12.2021 and directed the complainant to file fresh petition before the learned S.D.J.M. Court and pursuant thereto the cognizance has been taken against the petitioners and the entire family members have been implicated by way of said cognizance order. 4. Learned counsel appearing for the State submits that learned S.D.J.M. Court has been pleased to take cognizance pursuant to the direction made by the learned Sessions Judge. 5. Initially for the alleged occurrence Mohanpur P.S. Case No.200 of 2017 was instituted which was investigated by the police and final form was submitted saying that there is no evidence and no protest petition was filed by the complainant and the learned Court has been pleased to accept the said final form by the order dated 11.12.2021 and thereafter the complainant has moved before the learned Sessions Judge being Cr. 2026:JHHC:374 --3-- A.B.A. No. 18 of 2026 Revision No.59 of 2022 and the learned Sessions Judge has been pleased to set aside the order of the acceptance of the final form of learned S.D.J.M. and directed the complainant to file fresh petition before the learned Court and pursuant to that the learned Court has been pleased to take cognizance against the entire family members. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Deoghar in connection with Complaint Case No.1338 of 2022, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 08.01.2026 Sangam/