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2025 DAILYLAW 10151 (JHR)

XYZ v. THE STATE OF JHARKHAND

A.B.A./3482/2025 · 2025-07-02

Sri Ananda Sen

Public Interest Litigationbody2025

Judgment text

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2025:JHHC:17493 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3482 of 2025 XYZ .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Prashant Kr. Rai, Advocate For the State : Mr. Naveen Kr. Gaunjhu, AddI. P.P. …...... 06/ 02.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 498(A)/ 354/34 of IPC and Section 3/4 of D.P. Act. 3. Petitioner is the brother-in-law of the informant. 4. It is alleged that the in-laws of the informant demanded dowry and tortured the informant. 5. Learned counsel for the petitioner submits that all the co-accused persons have been granted privilege of anticipatory bail by the learned District Judge, but the case of this petitioner was rejected only on the ground that there is vague allegation that this petitioner has molested the victim. He submits that this allegation is vague as there is no specific date, time and place of occurrence. 6. The learned APP opposes the prayer for anticipatory bail and submits that there is allegation that the petitioner has molested the victim. 7. So far as this petitioner is concerned, it is alleged that victim was taken to home by this petitioner in a motorcycle. In a deserted road it is alleged that when he stopped the vehicle and touched in inappropriate place and tried to kiss her, she raised hue and cry. Thereafter, she sat as pillion rider of motorcycle of this petitioner and she was dropped home by this petitioner. Petitioner is none but the brother- in-law (nandoshi) of the victim. Thus, so far as this petitioner is concerned, Section 354 of the Indian Penal Code is attracted, which is punishable for not less than 1 year and maximum sentence is up to 5 years. 8. Considering the above facts, I am inclined to allow this anticipatory bail application. 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 S.D.J.M., Dhanbad, in connection with Katras (Ramkanali O.P.) P.S. Case No.238 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. 9. Petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days. (ANANDA SEN, J.) R.S./