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CDJ 2025 Jhar HC 522 print Preview print Next print
Court : High Court of Jharkhand
Case No : A.B.A. No. 5332, 5542, 5755 of 2025
Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR DWIVEDI
Parties : Pankaj Singh & Others Versus The State of Jharkhand
Appearing Advocates : For the Petitioners: Nilesh Kumar, Advocate. For the Respondent: Rakesh Kumar Sinha, Sunil Kr Dubey, Sanjay Kr. Srivastava, Jitendra S. Singh, Advocates.
Date of Judgment : 20-12-2025
Head Note :-
BNS, 2023 - section 85, 80, 61(2) -

Comparative Citation:
2025 JHHC 38411,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- section 85, 80, 61(2) of BNS, 2023
- section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023

2. Catch Words:
- anticipatory bail
- bail
- investigation
- poison
- homicide

3. Summary:
The petitioners sought anticipatory bail in three related applications arising from the same FIR concerning the alleged poisoning death of a family member. The State and the informant opposed bail, citing contradictory post‑mortem and inquest reports, evidence of injury, and seizure of poison‑related items. The petitioners argued the death was self‑inflicted, highlighted a good marital relationship, and offered cooperation with the investigation. The court noted the admission of marriage, the existence of conflicting medical findings, and the fact that one family member had already been granted anticipatory bail. Balancing the submissions, the court decided to grant anticipatory bail to the petitioners, imposing conditions of cooperation and surrender.

4. Conclusion:
Petition Allowed
Judgment :-



1. Heard learned counsels for the petitioners, for the respondent State as well as the learned counsel for the informant.

2. The petitioners are apprehending their arrest in connection with Manjhiaon P.S. Case No.97 of 2025, for offence registered under section 85, 80, 61(2) of BNS, 2023, pending in court of learned A.C.J.M, Garhwa.

3. All these anticipatory bail applications are arising out of the same FIR and in view of that these anticipatory bail applications have been heard together.

4. Learned counsel for petitioners submits that namely, Pankaj Singh is the petitioner in A.B.A. No.5332 of 2025, Dipu Kumari @ Dipa Singh @ Deepika Singh is the petitioner in A.B.A. No.5542 of 2025 and Sudama Singh is the petitioner in A.B.A. No.5755 of 2025.

5. Learned counsel for the petitioners submits that marriage was solemnized with Sanjeev Singh @ Chhotu Singh on 26.04.2024 and the allegations are made that on 06.07.2025 the information has been made that the deceased is lying in hospital and thereafter the in-laws have reached to the hospital and the FIR has been lodged alleging therein that the entire family members were used to torture the deceased and by way of poisoning they have killed the deceased.

6. The learned counsel for the petitioners by way of referring the post mortem report contained in para 71 of the case diary submits that the cause of death is not known and vicera is preserved which has come in the post mortem report. He further submits that the doctor has been examined in paragraph no.41 of the case diary and she has stated that the deceased was being treated for poison and no injury was found on the body of the deceased. He next submits that false allegations are made that Pankaj Singh is not having good relationship with his wife who resides at Delhi and even uncle in law namely Vinay Singh‘s character has been falsely snatched by way of saying so many things in the subsequent statement of the informant. He then submits that wife of Pankaj Singh has stated in paragraph no.3 of the supplementary case diary that relationship between them is good and she resides at Delhi and she is pairvikar of Pankaj Singh. He then submits that Vinay Singh has been granted anticipatory bail. He next submits that the husband namely Sanjeev Singh is in custody. He further submits that the deceased has taken poison on her own due to altercation between the husband and wife and that is further clear in view of the statement of Niraj Singh in paragraph no.4 of the supplementary case diary. On these grounds, he further submits that the petitioners are ready to cooperate in the investigation and the petitioners are in-laws of the deceased, and in view of that, they may kindly be granted anticipatory bail.

7. Learned counsel appearing on behalf of the respondent State as well as the informant jointly vehemently oppose the prayer for anticipatory bail to the petitioners and they jointly submit that in paragraph nos.8 and 9 of the case diary, the sister of Sudama Singh has been examined and she has informed about the quarrel in the family and of taking poison by the deceased and that has been disclosed by Pankaj Singh and Sanjeev Singh.

8. Mr. Jitendra Shankar Singh, the learned counsel appearing on behalf of the informant also draws the attention of the Court to para 107 of the case diary which is the inquest report and submits that in the inquest report it is there that injury has been found on the body and the post mortem report is contradictory. He also submits that poison, wrapper, rod and one class have also been seized from the room. He also refers to the paragraph no.129 of the case diary and submits that wrapper of the poison has been shown to the villagers by Vinay Singh, and on these grounds, he submits that anticipatory bail of these petitioners may kindly be rejected.

9. It is an admitted position that marriage was solemnized on 26.04.2024 and as per the FIR, the incidence is of 06.07.2025, the brother of Sanjeev Singh namely Pankaj Singh who is one of the petitioner in the present ABAs, has stated that his sister in law has taken poison and family members and he and his brother Sanjeev Singh have drove her to the hospital namely, Parmeshwar Hospital, Garhwa and he has also stated that sister in law was saying that she has committed wrong and took her fastly to the hospital and saved her live. In the post mortem report, the doctor has not disclosed the case of death and vicera has been preserved. On showing the mark on the body of the deceased by the investigating officer. The Doctor has stated that is due to pressure. The Doctor has also stated that family members of the deceased have reached to the hospital and started hooliganism and the in-laws have saved their lives by way of fleeing away from the hospital and hospital management has also lodged the complaint against the informant and others for such hooliganism made in the hospital and husband of the deceased is already taken into custody and allegations are there against all the family members of administering poison. In paragraph no.3, one Anjali Singh has been examined who is wife of Pankaj Singh and she has also stated that Dipu Kumari @ Dipa Singh @ Deepika Singh was pregnant and she was brought to the parents’ home where she has been blessed with a baby and at that time, the baby was about 10 days old. The same allegation is made against all the family members and the husband is already in the custody and Vinay Kumar Singh has been granted anticipatory bail in ABA No.5179 of 2025, I am inclined to grant anticipatory bail to the petitioners, subject to the condition that the petitioners will cooperate in the investigation and if the petitioners will not cooperate in the investigation, I.O is put at liberty to take appropriate steps by way of filing proper petition before the competent court.

10. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned A.C.J.M, Garhwa, in connection with Manjhiaon P.S. Case No.97 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

 
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