B.A./8621/2026 of KANHU MAL PAHARIYA @ KANDU MAL PAHARIYA Vs THE STATE OF JHARKHAND on 23 September 2026

1. Kanhu Mal Pahariya @ Kandu Mal Pahariya, aged about 57 years, son of Late Gola Mal Pahariya, residing at Sangli Hiran PO & PS- Boriyo, District - Sahibganj(Jharkhand)

2. Lukesh Mal Pahariya aged about 26 Years. son of Kanhu Mal Pahariya, resident of Sangli Hiran Tola PO & PS Boriyo, District: Sahibganj.

3. Kabri Mal Paharin @ Somi Mal Pahadin @ Soni Mal Paharin, aged about 22 years wife of Lukesh Mal Pahariya, resident of Sangli Hiran Tola PO & PS Boriyo, District Sahebganj

… … Petitioners

Versus

The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

For the Petitioners : Mr. Shivam Utkarsh Sahay, Advocate

For the Opp. Party : Mr. Saket Kumar, APP

---

06/23.09.2026

Heard the learned counsel for the parties.

2. Learned counsel for the petitioners submits that the petitioners are in custody since 14.10.2025 in connection with Borio P.S. Case No.102 of 2023, registered under Section 302/34 of IPC, cognizance has been taken under Section 306/34 of IPC, now pending in the court of learned Sessions Judge, Sahibganj.

3. Learned counsel for the petitioners submits that charge sheet has been submitted under Section 306/34 of Indian Penal Code. Petitioner no.1 is the father-in-law of the deceased; petitioner no.2 is the husband and petitioner no.3 is the lady, who has been brought into the house of petitioner no.1 and 2. It is alleged that on account of the fact that petitioner no.3 was brought into the matrimonial house of the deceased, the deceased committed suicide. Petitioner no.3 has described herself as the wife of petitioner no.2 and all the petitioners have the same residential address. He further submits that the case is pending at the stage of evidence.

4. Learned counsel for the State has opposed the prayer for bail.

2026:JHHC:28564

5. Considering the nature of allegation that petitioner no.2 brought the petitioner no.3 to his house inspite of the fact that he had a wife and upon the acts of the petitioner no. 2 and 3, the wife of petitioner no.2 committed suicide, this Court is not inclined to enlarge petitioner nos.2 and 3 on bail and their prayer for bail is rejected .

6. However, petitioner no.1 being the father-in-law, aged 57 years is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sahibganj in connection with Borio P.S. Case No.102 of 2023, on the following conditions:

(i) One bailor should be his close relative of the petitioner no.1 .

(ii) The petitioner no.1 will attend the court on each and every date and on account of even single default, the learned court shall cancel the bail bond furnished by the petitioner.

(iii) The petitioner no.1 will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court.

(iv) The petitioner no.1 shall fully co-operate with the proceedings before the learned trial court.

7. The instant bail application is partly allowed with the aforesaid conditions.

8. Let a copy of this order be communicated to the learned court concerned through “FAX/email”.

(Anubha Rawat Choudhary, J.) Date of Order:23.09.2026 Saurav Date of Uploading:29.09.2026