Anticipatory bail granted due to lack of evidence linking the petitioner to the alleged assault, supported by postmortem findings indicating death by poisoning.

JUDGMENT :

Heard the parties.

2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 306/34 of the Indian Penal Code.

3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

4. The petitioner is a lady. The allegation in the FIR is that daughter of the informant had some relationship with Raska Marandi and she used to reside in his home. Thereafter it was decided to get her married with Raska Marandi. Meanwhile the daughter stayed with Raska Marandi. On 08.05.2023 the informant’s son received a call from one Chando Munni Hembrom who told that Raska Marandi had beaten the daughter of the informant very badly and there is little chance of her to survive, thereafter the deceased died. On the basis of that FIR was registered.

5. Learned counsel for the petitioner submits that the petitioner is the sister-in-law of Raska Marandi who is residing separately along with her husband. There is nothing in the FIR to suggest that the petitioner has committed murder or assaulted the deceased. He submits that the deceased has consumed poison. “Organo phosphorus pesticide” was found in the body. From the postmortem report it is clear that there is no external or internal injury.

6. Learned APP submits that son of the informant received a phone call wherein he was informed that Raska Marandi and the petitioner assaulted the deceased mercilessly.

7. After going through the record, I find that there is an allegation that this petitioner and Raska Marandi was assaulting the deceased. This information was conveyed to the son of the informant by someone but surprisingly the informant had not taken the name of this petitioner in the FIR wherein he says that his son informed that it is Raska Marandi who has assaulted the deceased. Further I find from the impugned order that “Organo phosphorus pesticide” was found in the viscera of the deceased. Further from the postmortem report which has been handed over to the Court by the learned APP it is clear that the doctor who conducted the postmortem did not found any ante-mortem injury in the body which falsify the statement that this petitioner and others have mercilessly assaulted the deceased.

8. Considering the aforesaid fact, this Court finds it a fit case for grant of anticipatory bail to the petitioner.

9. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of her surrender or arrest, she shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Pirtand P.S. Case No.12 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.

10. A copy of the postmortem report is kept on record.