Jharkhand High Court
Shanti Devi vs The State Of Jharkhand ... Opposite ... on 25 July, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
( 2025:JHHC:20410 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3802 of 2025
------
1. Shanti Devi, aged about 59 years, w/o late Shanker Gope,
resident of Near Hari Mandir, Bishnupur, P.O.+P.S.-
Dhanbad, Dist.-Dhanbad
2. Meena Devi @ Meni Devi, aged about 39 years, wife of Ajit
Gope, resident of Jharudih, Near Hari Mandir, P.O.+P.S.-
Dhanbad, Dist.-Dhanbad ... Petitioners
Versus
The State of Jharkhand ... Opposite Party
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Ram Prakash Singh, Advocate
: Mr. Sheo Kr. Singh, Advocate
For the State : Mr. Arup Kr. Dey, Addl. P.P.
------
Order No.02 Dated- 25.07.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this
Court for grant of privilege of anticipatory bail in connection with
Dhanbad P.S. Case No.308 of 2020 registered for the offences
punishable under sections 328/302 of the Indian Penal Code.
Learned counsel for the petitioners files the supplementary
affidavit. Keep the same in the record.
The learned counsel for the petitioners submits that this is
the third journey of the petitioners with the prayer for anticipatory
bail and earlier the prayer for anticipatory bail was dismissed as
withdrawn and thereafter, vide order dated 05.05.2023 in A.B.A.
No. 8962 of 2022 the prayer for anticipatory bail of the petitioners
was dismissed on merit. It is submitted by the learned counsel for
the petitioners that the fresh ground is that the co-accused-Rakesh
Kumar Gope who faced the trial vide Sessions Trial No. 197 of 2021
has been acquitted vide judgment dated 05.12.2024 by the learned
Additional Sessions Judge-III-cum-FTC (Crime Against Woman),
Dhanbad. It is further submitted by drawing attention of this Court
to the deposition of witness examined in the said Sessions Trial
No. 197 of 2021 that P.W.3 of that case is the informant and she has
categorically stated that she does not know how her daughter died
or who killed her daughter. It is next submitted that the said P.W.3
was declared hostile and even though the prosecution put leading
questions to her but still she did not support the case of the
prosecution. It is also submitted that altogether three witnesses
have been examined during the trial of Sessions Trial No. 197 of
2021 and rest of the two witnesses being the P.W.1 and 2 have also
been declared hostile. It is further submitted that the allegations
against the petitioners are all false. It is then submitted that the
petitioners undertake to cooperate with the investigation of the
case. It is then submitted that in view of the said development, 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
abovenamed 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 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., Dhanbad, in connection with
Dhanbad P.S. Case No.308 of 2020 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 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
