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2026 DAILYLAW 8681 (JHR)

KAMLA DEVI v. THE STATE OF JHARKHAND

A.B.A./604/2026 · 2026-02-04

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:2875 ) -1- A.B.A. No. 604 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 604 of 2026 1. Kamla Devi, aged about 41 years, W/o Shailendra Kumar 2. Ashish Kumar, aged about 35 years 3. Deepak Kumar, aged about 32 years 4. Rami Roshan, aged about 28 years Nos. 2 to 4 are sons of Late Shailendra Kumar All are residents of C/o Sriram Traders, Telidih, Chas, P.O. & P.S. Chas, District- Bokaro, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Dilip Kumar Chakraverty, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. ----- 02/04.02.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Chas P.S. Case No.131 of 2019, registered for the offence under Sections 302, 120-B/34 of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro. 3. Learned counsel appearing for the petitioners submits that the petitioners and informant are known to each other. He further submits that the son of the informant has fallen from the roof in drunken condition. He then submits that the police have investigated the matter and final form has been submitted, wherein, it has been disclosed that the deceased was in a drunken condition and the deceased has fallen from the roof of the house of the petitioners. He next submits that the petitioners have not been sent up for trial, however, the learned Court has differed with the final form and has been pleased to take cognizance. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioners. ( 2026:JHHC:2875 ) -2- A.B.A. No. 604 of 2026 4. Learned counsel appearing for the State opposed the prayer and submits that the learned Court has found material against the petitioners and in view of that, he has taken cognizance. 5. In view of the above, it transpires from the record that the final form has been submitted saying that the deceased has fallen from the roof of the house of the petitioners in a drunken condition. It has been pointed out that the petitioners and informant are known to each other. There is no doubt that the learned Court can differ with the chargesheet and take cognizance, however, prima facie what are the materials in such a situation is required to be reflected in the cognizance order. Looking into the cognizance order, it transpires that the learned Court has only stated that these are the allegations against the petitioners and the learned Court has been pleased to take cognizance. 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 of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bokaro in connection with Chas P.S. Case No.131 of 2019, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 4th February, 2026 Ajay/