Regular bail application by a husband facing trial under Section 108 BNS with alternative charge under Section 103 BNS over his wife's death in her matrimonial home. The court declined bail, citing the assault allegations and pending trial, and directed the State to promptly produce remaining witnesses and any FSL report.
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2026:JHHC:20700 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6444 of 2026
Manish Tudu son of Mohan Tudu … … Petitioner
Versus
The State of Jharkhand … … Opp. Party
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner : Mr. P.S. Dayal, Advocate For the Opp. Party : Mrs. Anuradha Sahay, APP
04 /13.07.2026
Heard the learned counsel appearing on behalf of the parties.
2. Learned counsel for the petitioner submits that the petitioner is in custody in connection with S.T. No. 11 of 2026, arising out of Mahuatand P.S. Case No. 26 of 2025, for the offences registered under Sections 103(1) of the B.N.S. 2023, pending in the court of learned Additional Sessions Judge-III, Bermo at Tenughat.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 10.07.2025. Though the FIR was instituted under Section 103(1) of BNS, 2023, but the charge sheet has been submitted only under Section 108 of BNS, 2023. The learned counsel has also submitted that as per the FIR there is an allegation that the petitioner who is the husband of the deceased used to assault the deceased, however, there is no prior first information report in connection with the said allegation. He has submitted that 02 witnesses have been examined before the court out of 09 witnesses who are own relatives of the deceased.
4. Learned counsel for the State has opposed the prayer for bail and has submitted that the marriage was solemnized in the year 2020.
5. After hearing the learned counsel for the parties and considering the allegation against the petitioner that he used to assault the deceased and the charge has been framed under Section 108 of the BNS, 2023 and there is also alternative charge under Section 103 of BNS, 2023. The deceased expired in her matrimonial home. in the aforesaid circumstances circumstances, this court is not inclined to enlarge the petitioner above named on bail. Accordingly, prayer for bail of the petitioner above named is rejected.
2026:JHHC:20700 )
6. The trial is going on. The State is directed to ensure that the remaining witnesses be promptly produced before the court. The learned counsel for the State is also directed that if any FSL report is required to be produced, the same must be procured and forwarded to the concerned court.
7. The learned counsel for the state is also directed to communicated this order to the Director, Prosecution and also to the Superintendent of Police of the concerned District to ensure compliance.
8. Let this order be communicated to the concerned court through FAX/e-mail.
(Anubha Rawat Choudhary, J.)
Dated: 13.07.2026 Uploaded on 13.07.2026
Binit/
2
1 issue framed by the court
Whether the petitioner, in custody for offences under Sections 108 and 103(1) BNS 2023 arising from his wife's death, should be enlarged on bail during trial.
3 provisions across 1 enactments
Manish Tudu
The State of Jharkhand
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
