Suryanarayan Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Suryanarayan Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned court below within four weeks, and on surrender or arrest to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each (one surety a close relative, the other a resident of Jharkhand having sufficient landed property, supported by affidavit of share in the property), to the satisfaction of learned C.J.M., Latehar, in connection with Balumath P.S. Case No.01 of 2025.

Issue for consideration

Whether the petitioner, apprehending arrest for offences under Sections 107 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

On the allegations (that the petitioner first promised the marriage of his son with the informant's daughter and later abused the informant and refused the marriage, after which the daughter committed suicide), there is no material to implicate the petitioner or to show that he abetted the deceased to commit suicide.

Ratio / Principle

There is a delay in lodging of the F.I.R., which weighed with the court in allowing the anticipatory bail application.

Detailed headnote1 paragraphs

Anticipatory bail — S.482, Bharatiya Nagarik Suraksha Sanhita, 2023 — Offences under Ss.107 and 3(5), Bharatiya Nyaya Sanhita, 2023 — Petitioner, father of the boy involved, alleged to have first assured solemnization of his son's marriage with the informant's daughter and later to have abused the informant and refused the marriage, whereafter the daughter committed suicide — Court held that on the aforesaid allegation there is no material to implicate the petitioner or to show that he abetted the deceased to commit suicide; delay in lodging the F.I.R. also noted — Application allowed; petitioner to surrender within four weeks and be released on bail on furnishing bonds of Rs.10,000/- with two sureties of like amount (one a close relative, the other a resident of Jharkhand with sufficient landed property, affidavit of share to be filed), to the satisfaction of learned C.J.M., Latehar, in Balumath P.S. Case No.01 of 2025.

2025:JHHC:19521

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3788 of 2025

Suryanarayan Oraon, S/o Sohrai Oraon, R/o Dumra, P.O. & P.S. Bariyatu, District Latehar. … … Petitioner

Versus

The State of Jharkhand. … … Opposite Party

CORAM : SRI ANANDA SEN, J.

For the Petitioner(s) : Ms. Renu Bala, Advocate For the State : Mr. Gautam Rakesh, A.P.P.

06/ 17.07.2025

Heard the parties.

2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest, for offences under Sections 107 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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

4. The allegation against the petitioner is that he is the father of Subhash Oraon. Subhash Oraon was in love with daughter of the informant and they also entered into physical relationship. It is alleged that this petitioner informed the informant that since the son of the petitioner and daughter of the informant are from the same society and both of them are in love, the marriage will be solemnized. The informant further alleged that after few days, this petitioner called the informant and stated that his daughter is characterless and abused him on phone. The petitioner further stated that he will not allow his son to marry the daughter of the informant. The daughter, who was with the informant was listening everything and thereafter she committed suicide.

1

2025:JHHC:19521

5. Considering the aforesaid allegation, I find that it cannot be said that there is any material to implicate this petitioner or he has abetted the deceased to commit suicide. Further, there is a delay in lodging of the F.I.R. Thus, I am inclined to allow this application.

6. 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 his surrender or arrest, he 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 C.J.M., Latehar, in connection with Balumath P.S. Case No.01 of 2025, 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.

(ANANDA SEN, J.)

Prashant. Cp-3

2