Ramlal Mandal vs The State Of Jharkhand
2023 Latest Caselaw 4133 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 8656 of 2023
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1. Ramlal Mandal

2. Khemiya Devi

3. Anil Mandal @ Anil Kumar Mandal

4. Vinod Mandal

5. Jitendra Mandal ... Petitioners Versus The State of Jharkhand ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Kundan Kr. Ambastha, Advocate For the State : Mr. Fahad Allam, Addl. P.P.

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Order No.04 Dated- 02.11.2023

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sariya P.S. Case No.181 of 2022 registered under sections 304B/34 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner nos. 1 & 2 respectively the father-in-law and mother-in-law and the petitioner nos. 3 to 5 being the brother-in-law (Devar) of the deceased -Babita Kumari have committed her dowry death. It is next submitted by the learned counsel for the petitioner, drawing attention of this Court to the judgment passed by the Additional Sessions Judge -IV, Giridih in S.T. Case No. 36 of 2023 dated 16.06.2023 in which the co-accused

-Bachhan Mandal who is the husband of the deceased -Babita Kumari faced trial, submits that therein all the witness have not supported the case of the prosecution and have been declared hostile and have also deposed that Babita Kumari was living peacefully in her matrimonial house and the relatives of her husband did not demand any dowry from her. It is further submitted that the allegations against the petitioners are all false. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.20,000/- each and 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 C.J.M., Giridih, in connection with Sariya P.S. Case No.181 of 2022 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their 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-