The court ruled that insufficient evidence exists to support murder charges, allowing anticipatory bail based on the determination that the death was a suicide.

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 her arrest for offences under Sections 302/120B IPC.

3. The F.I.R. is at the instance of maternal grandfather of the deceased. It is alleged that the granddaughter of the informant (daughter’s daughter), who was residing in her house along with her father, stepmother and others, has been murdered by them.

4. Learned counsel representing the petitioner submits that there is no material to suggest that the petitioner has committed murder of the deceased. It is the case of this petitioner that the deceased herself consumed poison and committed suicide.

5. Learned A.P.P. representing the State produces the case diary.

6. From the case diary, I find that there are statement of several persons who stated that on the fateful day, this petitioner who is the stepmother had rebuked the deceased, as a result of which, she consumed poison.

Further, from the post-mortem report, I find that no external injury has been found on the body of the deceased. The cause of death as per the viscera report is consumption of pesticides. The injuries indicated in the post-mortem report are as hereunder:-

“External Findings: - No external injury found on the body.

Internal findings :- On opening of the skull brain and meninges intact and congested. On opening of the chest heart and lungs intact. Blood contain in all the chamber of the heart. On opening of the abdomen. Stomach contain semi mucoid fluid gas and pungent smell. Liver, kidney, spleen & urinary bladder intact. Urinary bladder contain about 20 ml of urine.

7. In the supervision note also, the supervising officer found the case to be under Section 306 IPC.

8. Considering the aforesaid fact coupled with statement of the witnesses who stated that after being rebuked, the deceased had consumed poison, prima facie this case could not come under Section 302 IPC. Thus, I am inclined to enlarge this petitioner on anticipatory bail.

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.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned JM 1^st Class, Giridih, in connection with Deori P.S. Case No.34 of 2024, 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.