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2025 DAILYLAW 10376 (JHR)

RUPESH KUMAR ALIAS RUPESH PRASAD ALIAS PRASAD v. THE STATE OF JHARKHAND

A.B.A./2284/2025 · 2025-04-11

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:11224 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2284 of 2025 ------ Rupesh Kumar @ Rupesh Prasad @ Prasad aged about 27 years s/o Basudev Saw r/o village-Darukharika, P.O. Darukharika, P.S.-Daru, District-Hazaribag (Jharkhand). .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Informant (Victim) detail is enclosed in separate sheet. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mrs. Snehlika Bhagat, Addl.P.P. For the OP 2 : Mr. Niranjan Kr. Sinha, Advocate ------ Order No.02 Dated- 11/04/2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Daru P.S. Case No.138 of 2024 registered for the offences punishable under Sections 69, 89, 351(2) of the B.N.S., 2023. This is the second journey of the petitioner with the prayer for grant of anticipatory bail, as earlier the prayer for grant of anticipatory bail of the petitioner was rejected by this Court vide order dated 06.02.2025 passed in A.B.A. No.842 of 2025. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has solemnized marriage with the informant-victim and their Hindu marriage has been solemnized on 06.02.2025 and the same has been registered on 20.03.2025 by the Registrar of Hindu Marriage, Hazaribagh. It is next submitted that the allegation against the petitioner is false. It is then jointly submitted by learned counsel for the petitioner and the opposite party no.2 that both the petitioner and the opposite party no.2 are leading a happy conjugal life and the opposite party no.2 does not want to proceed with the case. It is next submitted that because of some misunderstanding, this false case has been foisted. It is next submitted that the petitioner undertakes to keep and maintain the opposite party No.2- informant with full honour and dignity as his lawful wife. It is lastly submitted that the petitioner undertakes not to annoy or disturb the informant and also undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State on the other hand vehemently opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned JM-1st Class, Hazaribagh in connection with Daru P.S. Case No.138 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/