Manju Devi vs The State Of Jharkhand

2/12.08.2026 Heard learned counsel for the petitioner, learned counsel for the respondent State and the learned counsel for the informant.

The petitioner is apprehending his arrest in connection with Ichak PS Case No.146 of 2025, for offence registered under section 103(1), 238, 61(2) of BNS, 2023, pending in court of learned Judicial Magistrate First Class, Hazaribagh.

Learned counsel for petitioner submits that the Hyundai car was being driven by Akhilesh Kumar and by said car accident took place and thereafter the son of the informant has died. He next submits that so far as this petitioner is concerned she was not driving the said car and she is aged about 51 yeas and residing at Delhi with family members. He next submits that on the date of occurrence i.e on 22.10.2025, the petitioner had come from Delhi to her native village along with her daughter Priyanka Kumari and daughter in law Kavita Devi for marriage ceremony of her daughter and for celebrating Chhat Puja. He next submits that Akhilesh Kumar had gone to Ichak More by his Hyundai car being registration No.DL01ZB-5589 to bring his mother who happened to be the petitioner, his sister Priyanka Kumari and his wife Kavita Devi who have reached there from Delhi and has dropped the petitioner, her daughter and daughter in law near their house and thereafter he was backing the car and in course of that, the accident took place. He next submits that now the charge sheet has been submitted against Akhilesh Kumar and investigation against the petitioner has been kept open. He next submits that earlier process under section 84 BNSS, 2023 was issued against the petitioner on 13.05.2026 which was challenged by the petitioner in this Court in Cr.MP No.1668 of 2026 which was quashed by the coordinate Bench of this Court by order dated 16.06.2026 and on these grounds, he submits that anticipatory bail to the petitioner may kindly be granted.

Learned State counsel opposes prayer and submits that investigation against the petitioner is kept open in view of the charge sheet.

The learned counsel for the informant submits that now the second process under section 84 of the BNSS, 2023 has been issued against the petitioner on 25.7.2026. He also submits that injury is said to be due to hard and blunt substance upon the son of the informant and on these grounds, he submits that anticipatory bail to the petitioner may kindly be rejected.

In the FIR, the allegation is there against Akhilesh Kumar who was driving the said car and the charge sheet has been submitted against Akhilesh Kumar and it has been clearly stated that Akhilesh Kumar was the main culprit and it is also stated in the said charge sheet that he has gone to pick up the sister, mother and his wife and dropped at the residence and while he was backing the car, the said accident took place. There is no doubt that process under section 84 of BNSS, 2023 has been issued against the petitioner on 13.05.2026 which is quashed by this Court by order dated 16.6.2026 and thereafter again the process under section 84 of BNSS, 2023, has been issued as pointed out by the learned counsel for the informant and there is no doubt that once the process under section 84 of BNSS, 2023 is issued, the Courts are slow in granting the anticipatory bail, however, in exceptional circumstances, that cannot be the sole criteria for rejecting anticipatory bail where the liberty of a person is at stake and that too in the aforesaid background and further within a period of 40 days, the second process under section 84 of BNSS, 2023 has been issued. A reference may be made to the case of Asha Dubey V. State of Madhya Pradesh reported in 2024 SCC OnLine SC 5633. The exceptional circumstance is made out to entertain the anticipatory bail application even after issuance of the second process under section 84 of BNSS, 2023 against the petitioner, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Hazaribagh, in connection with Ichak PS Case No.146 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.