High CourtsSingle Bench(2024) 01 JH CK 0052

Jainab Bibi @ Jainab Khatoon vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 23 January 2024

HON’BLE JUDGES
Rajesh Kumar, J
RESULT
Dismissed
CASE NUMBER
A.B.A. No. 10252 Of 2023

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Judgment

7 paragraphs · 234 words

Rajesh Kumar, J

1.

Heard the parties.

2.

The applicant(s), who is an accused for the offence under Sections 498A/ 304B/406/306/34 IPC, prays for anticipatory bail expressing apprehension of arrest in connection with Protest-cum-Complaint Case No.2346 of 2021, pending in the court of J.M., 1st Class, Dhanbad.

3.

Innocence has been claimed and undertaking has been given to co-operate with the Investigating Agency/ Trial. It has been submitted that the husband has faced split up trial and he has been acquitted and there is finding that it is a case of suicide. Final form has been submitted against this applicant in the year 2021 and thereafter, on protest petition, cognizance has been taken. There is no materials to suggest harassment and torture soon before the death. On the above basis, prayer for anticipatory bail has been made.

4.

On the other hand, learned A.P.P. has opposed the prayer for anticipatory bail of the applicant (s) and it has been submitted that the death is unnatural and it has been occurred within seven years of marriage. There is specific allegation against this applicant while plea of alibi of the husband has been accepted by the trial court.

5.

Considering the nature of allegations and the materials available on the record, I am not inclined to grant privilege of anticipatory bail to the applicant(s).

6.

Accordingly, prayer for anticipatory bail of the applicant(s) is, hereby, rejected.