Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:827 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5690 of 2025
Jitendra Ram, aged about 31 years, son of Shree Prasad Ram, resident of Ward No. 03, Village-Jamua, P.O. Semaura, P.S. Kandi, District-Garhwa (Jharkhand) ...... … Petitioner
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner
:Mr. Sanjay Kr. Pandey, Advocate For the State : Mrs. Anuradha Sahay, A.P.P.
05/ 13.01.2026: Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is apprehending his arrest in connection with Kandi P.S. Case No. 75 of 2022, registered under sections 302, 201, 385, 504, 506 and 120(B) of the I.P.C, pending in the Court of learned Judicial Magistrate, Ist Class, Garhwa.
3.
Learned counsel for the petitioner submits that complaint case has been converted into F.I.R. in the light of order passed under section 156(3) of Cr.P.C. He next submits that death of the deceased has occurred on 08.04.2022 but the complaint case was filed on 07.06.2022. He next submits that the petitioner happens to be husband of the deceased and she was suffering from pneumonia for that she was being treated in the Government Hospital in the State of West Bengal due to that she died. He also submits that by the last order case diary was called for which has been received and counter affidavit has also been filed by the State. He further submits that in the counter-affidavit, medical report has been annexed as Annexure-A issued by the Government Hospital, West Bengal stating therein that deceased has been admitted on 08.04.2022 at 1.00 A.M and died on 08.04.2022 at 3.50 A.M and death has occurred due to aspiration
( 2026:JHHC:827 )
pneumonia. He next submits that I.O. has taken the opinion from the doctor of Sadar Hospital, Garhwa and doctor has given opinion that death has occurred due to aspiration pneumonia and this fact has come in para 115 of the case diary. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.
4.
Learned counsel for the State opposes the prayer and submits that petitioner is happens to be husband of deceased and post mortem of the dead body was not conducted.
5.
Annexure-A of the counter affidavit is a document which clearly suggests that death has occurred due to aspiration pneumonia. In para 115 of the case diary doctor of Sadar Hospital, Garhwa has also given same opinion of cause of death of the deceased.
6.
In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Garhwa, in connection with Kandi P.S. Case No. 75 of 2022, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
Dt.13.01.2026
( Sanjay Kumar Dwivedi, J.) satyarthi-