High CourtsSingle Bench

Rukmini Devi And Ors vs State of Jharkhand And Ors

Jharkhand High Court · Decided on 1 February 2021 · Citation: (2021) 02 JH CK 0010

HON’BLE JUDGES
Rongon Mukhopadhyay, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2) · Indian Penal Code, 1860 — Section 304B
RESULT
Allowed
CASE NUMBER
A.B.A. No. 7270 Of 2020
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Judgment

17 paragraphs · 362 words

Heard Mr. Manoj Kr. Sah, learned counsel for the petitioners and Mr. Manoj Kr. Mishra, learned A.P.P. for the State.

Defects as pointed out by the office are ignored. The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in

connection with Complaint Case No. 14/2014, corresponding to T.R. No. 109/2020.

The marriage of the daughter of the complainant was solemnized with Rakesh Ramdas on 23.05.2010. It has been alleged that there was a demand of

Rs. 25,000/- and on 13.09.2013 the daughter of the complainant became seriously ill and ultimately died in Hospital.

The petitioner no. 1 appears to be the mother-in-law of the deceased while the petitioner no. 2 is the sister-in-law of the deceased. It appears that

earlier a case was instituted against the husband of the deceased namely Rakesh Ramdas u/s 304B I.P.C. being Pathargama P.S. Case No. 136 of

2013. On conclusion of investigation, final form was submitted showing it to be a mistake of facts and on a protest petition having been filed by the

complainant, cognizance was taken for the offence punishable u/s 304B I.P.C. The cause of death according to the postmortem report has been

opined to be antemortem hemorrhage and shock. It is to be noted herein that at the time of death, the deceased was carrying a pregnancy of eight and

half months and complications arising out of such pregnancy leading to the death of the deceased cannot be ruled out. The husband of the deceased

namely Rakesh Ramdas has already been granted anticipatory bail by this Court in A.B.A. No. 2554 of 2020.

Regard being had to the aforesaid facts, the petitioners are directed to surrender before the learned court below within a period of four weeks and on

their surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like

amount each to the satisfaction of learned S.D.J.M., Godda in connection with Complaint Case No. 14/2014, corresponding to T.R. No. 109/2020,

subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.