Rita Devi vs The State Of Jharkhand on 12 January, 2026

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (S.J) No. 84 of 2025
Rita Devi, aged about 37 years, W/o Lalan Bhuiya @ Lalo, R/o
Birladhal Guest House, P.O. Bhuiyadhaura, P.S. Nirsa, Distt-
Dhanbad, (Jharkhand)                   ......              Appellant
                      Versus
The State of Jharkhand                 .......          Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant      : Ms. Snehlika Bhagat, Advocate
For the State          : Mr. V.S. Sahay, APP
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              th
06/Dated:12 January, 2026

This Criminal Appeal has been filed through the Jharkhand High Court Legal Services Committee.

2. It appears from the report sent by the learned Member Secretary, JHALSA at Flag-A vide letter No.119 dated 08.01.2026 enclosing the copy of letter no.57 dated 08.01.2026 sent by Sri Mayank Tushar Topno, Secretary, DLSA, Dhanbad and also the Memo No.05 dated 07.01.2026 issued by the Deputy Commissioner, Dhanbad and also the letter dated 05.01.2026 sent by the Secretary, DLSA, Dhanbad that the Deputy Commissioner, Dhanbad has sanctioned a sum of Rs.5,00,000/- (Rs.Five Lakhs) in favour of the father and mother of the deceased and they have submitted their Bank Account Number and their Aadhar have been verified and forwarded to the District Administration for direct disbursement, let it be kept on record.

3. It appears that due to typographical error on the part of the P.A concerned, while passing order dated 10.12.2025 in para-7 by which this Court had directed the Deputy Commissioner, Dhanbad and Senior Superintendent of Police, Dhanbad to pay compensation of Rs.5,00,000/- (Rs.Five Lakhs) from Nirbhaya Fund in view of the judgment rendered by the Hon'ble Supreme

Court in the case of Assessment of the Criminal Justice System in response of Sexual Offences reported in (2010) 18 SCC 540. The above mistake has been committed by the P.A. concerned inadvertently and the typographical error.

4. The District Administration i.e. the Deputy Commissioner, Dhanbad and Senior Superintendent of Police, Dhanbad shall pay Rs.5,00,000/- (Rs.Five Lakhs) not from Nirbhaya Fund but in the light of the provisions of the Victim Compensation Scheme under Section 396 of the BNSS, Act, 2023.

5. Thus, pra-7 of the order dated 10.12.2025 passed by this Court stands rectified and modified accordingly and it be read in the same manner as indicated above.

6. Although the Victim has appeared before the District Administration and also the learned DLSA, Dhanbad. However, when the case is called out, none appeared on behalf of the Victim though the notice was served upon them and for which State has filed its counter affidavit on 12.09.2025.

7. This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction dated 04.04.2024 and Sentence dated 10.04.2024 passed by Sri Shwaymbhu, learned Sessions Judge-VI at Dhanbad in connection Nirsa P.S. Case No.124 of 2021, corresponding to S.T. Case No.231 of 2021 (G.R. No.1651 of 2021) by which the appellant has been convicted for the offence under Section 323, 341, 452 and 504 of IPC and sentenced to undergo R.I for one (01) year, R.I. for one (01) month, R.I. for four (04) years and R.I for one (01) year respectively and to pay the fine of Rs.1,000/-, Rs.500/-, Rs.1,000/- and Rs.1,000/- respectively, whereas the co-convict-Lalan Bhuiya @ Lalo (i.e. the husband of the appellant) was sentenced to undergo R.I for ten (10) years, R.I for four (04) years, R.I for one

(01) year, R.I. for one (01) month, R.I. for four (04) years and R.I for one (01) year respectively for the offences under Sections 304 Part II, 308, 323, 341, 452 and 504 of IPC.

8. I.A. No.16810 of 2025 has been filed on behalf of the appellant under Section 430(1) of the BNSS, 2023, for suspension of sentence and for grant of bail, during pendency of the appeal.

9. Learned counsel for the appellant submitted that the impugned judgment and sentence passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law. It is submitted that the appellant is a lady and she is alleged to have assaulted the informant Dhiren Munda in his private part by Iron Rod. It is submitted that there was specific allegation against co- convict Lalan Bhuiya, who had assaulted the informant Dhiren Munda made by Iron rod on his head and due to which he sustained head injury. It is submitted however that the deceased died due to Septicemia which is evident from the post mortem report proved by the doctor who has been examined as P.W-8 and which has also been relied upon by the learned Trial Court. It is submitted that the co-convict-Lalan Bhuiyan @ Lalo has already been granted bail by the Hon'ble Division Bench of this Court vide order dated 16.10.2025 in Cr. A. (D.B) No.1055 of 2025 against whom there was specific allegation of assault against the deceased- Dhiren Munda. It is submitted that the appellant is a lady and custody since 10.04.2024 after passing of sentence (i.e. for around one (01) year and nine (09) months) and hence, the appellant may be enlarged on bail.

10. Learned APP has opposed the prayer for bail.

11. From perusal of the evidence of doctor i.e. P.W-8 namely Dr. Subhasini Sinha, the following injuries were found on the person of the deceased as follows:-

" (i) Lacerated wound stiched:-5cm x 0.5 cm x soft tissue

with 6 stiches present on front of the head. Internal findings:-

(i) There was small perforation of diameter ½ cm x ½ cm present in small intestine with presence of pus and faecal matter in abdominal cavity.

(ii) There was cementing of small intestine present at places.

(iii) All internal organs were pale.

Opinion:-

(i) The above noted injuries are ante-mortem in nature.

(ii) Caused by hard and blunt substance.

(iii) Death is due to Septicemia.

(iv) Time elapsed since death is 3 hours to 12 hours from the time of postmortem examination."

12. It appears that P.W-8-Dr. Subhasini Sinha, who was posted as a Junior Resident in the Department of FMT at RIMS, Ranchi and had conducted Post Mortem Examination under the supervision of her head Dr. Sawan Mundri.

13. Under the circumstances, considering the fact that the co-

convict-Lalan Bhuiyan @ Lalo has been granted bail by the Division Bench of this Court vide order dated 16.10.2025 in Cr. A. (D.B) No.1055 of 2025 whereas the appellant has only been alleged to have assaulted the informant on his private part and she is in custody for around one (01) year and nine (09) months, the appellant-Rita Devi, is directed to be released on bail, on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand only) with two sureties of the like amount, to the satisfaction of learned Sessions Judge-VI at Dhanbad in connection with Nirsa P.S. Case No.124 of 2021, corresponding to S.T. Case No.231 of 2021 (G.R. No.1651 of 2021).

14. However, this Court does not appreciate the conduct of the Medical Officer, who had treated the injured.

15. This case appears to be medical negligence also particularly on the part of the Senior Doctor in those Wards where the deceased Dhiren Bhuiyan was admitted.

16. It appears to be a case of assault on the head of the deceased which is evident from the evidence of informant-P.W-6- Ramcharitra Bhuiya (i.e. the father of the deceased), P.W-4- Dukhani Devi and P.W-5-Muskan Kumari @ Babita that the informant had taken him to PMCH, Dhanbad and PMCH, Dhanbad had referred the deceased to RIMS, Ranchi for better treatment and where the deceased died.

17. Put up this case on 30.01.2026 at 12.30 p.m and on that date, the Director, RIMS, Ranchi and Civil Surgeon-cum-Chief Medical Officer, Dhanbad are directed to appear through Video Conferencing and to produce the treatment papers of the deceased- Dhiren Bhuiyan in their respective hospitals by filing their separate counter affidavits through the learned APP.

18. Let a copy of this order be sent to the Director, RIMS, Ranchi and Civil Surgeon-cum-Chief Medical Officer, Dhanbad and also to the learned APP for the needful.

19. Thus, I.A. No.16810 of 2025 is allowed and stands disposed of.

(Sanjay Prasad, J.) Dated: 12.01.2026 Saket/-