Rukmani Devi vs The State Of Jharkhand & Anr
2023 Latest Caselaw 729 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 146 of 2023
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        Rukmani Devi                          ...              Petitioner
                                 Versus
       The State of Jharkhand & Anr.     ...               Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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       For the Petitioner      : Mr. K.S. Nanda, Advocate
       For the State           : Mr. Sushma Aind, Addl. P.P.
       For O.P. No.2           : Mrs. Shamma Parveen, Advocate
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       Order No.04 Dated- 10.02.2023

             Heard the parties.

Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sonahatu P.S. Case No.74 of 2021 registered under sections 304B/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that earlier the prayer for grant of privilege of anticipatory bail of the petitioner was rejected vide order dated 07.03.2022 in A.B.A. No.1467 of 2022. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that a compromise has been effected to between the parties and in this respect, learned counsel for the petitioner draws the attention of this Court to the counter affidavit filed on behalf of the informant wherein, he has stated that he does not want to proceed with the case against the petitioner and due to intervention of well- wishers and common friends, the parties have compromised. It is next submitted by drawing attention of this Court to a copy of the deposition of the informant who was examined as P.W.2 in S.T. No.371 of 2022 in which the co-accused- husband and the father-in- law were facing the trial and also the copy of the judgment of S.T. No.371 of 2022 whereby and where under, the said co-accused has been acquitted. It is further submitted that the petitioner is the mother-in-law of the deceased. It is then submitted that the informant in his deposition as P.W.2 in the said S.T. No.371 of 2022 has categorically stated that the deceased died during the course of her treatment. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. do not opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of six weeks from the date of this order, she shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Ranchi, in connection with Sonahatu P.S. Case No.74 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

(Anil Kumar Choudhary, J.) Sonu/Gunjan-