Citation : 2025 Latest Caselaw 3516 Jhar
Judgement Date : 26 March, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2004 of 2025
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1. Satya Narayan Bansal, aged about 65 years, son of late Bhagwan Das Agarwal
2. Koshalya Devi, aged about 63 years, wife of Sri Satya Narayan Bansal
3. Shivani Bansal @ Shiwani, aged about 41 years, wife of Sri Manish Bansal
4. Toral Bansal, aged about 33 years, wife of Sri Anish Bansal All are resident of Village-Hindustan Auto Agency Chas, P.O.+P.S.-Chas, Dist.-Bokaro ... 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. Rakesh Kumar, Advocate For the State : Mr. Jitendra Pandey, Addl. P.P.
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Order No.02 Dated- 26.03.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chas P.S. Case No.389 of 2019 (G.R. No. 534 of 2023) registered for the offences punishable 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 petitioners in furtherance of common intention with the co-accused persons have committed the dowry death of Payal Bansal. It is further submitted that the allegations against the petitioners are all false and police after investigation of the case did not send up the petitioners for trial and only sent up the husband of the deceased for trial but the learned Magistrate differing from the final report has taken cognizance of the offence punishable under Section 304B of Indian Penal Code against the petitioners as well. It is next submitted that the co-accused- husband of the deceased faced the trial and the informant has been examined in that case as P.W.3 but he did not support the case of the prosecution and he has categorically stated that the deceased was treated by her in-laws properly and the co-accused-husband has been acquitted vide judgment dated 11.05.2022 in Sessions Trial Case No. 141 of 2020 passed by the learned Additional Sessions Judge-IV-cum- Special Judge (Crime Against Women), Bokaro. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the trial of the case and further undertake that they will not annoy or disturb the informant or any of the witnesses in any manner during the pendency 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 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 depositing cash security of Rs. 10,000/- 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., Bokaro, in connection with Chas P.S. Case No.389 of 2019 (G.R. No. 534 of 2023) with the condition that the petitioners will cooperate with the trial of the case with further condition that they will not annoy or disturb the informant or any of the witnesses in any manner 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-
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