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2025 DAILYLAW 12604 (JHR)

TUNTUN KUMAR RANA v. THE STATE OF JHARKHAND

A.B.A./2723/2025 · 2025-06-09

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:14757 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2723 of 2025 ----- Tuntun Kumar Rana, S/o Dinesh Rana, R/o Koyali Kala, P.O.- Lohandi, P.S.- Chauparan and District- Hazaribagh .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rishi Pallava, Advocate For the State : Mr. Pankaj Kumar Mishra, AddI. P.P. …...... 02/ 09.06.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 69 of BNS. 3. Learned counsel for the petitioner submits that the victim-girl is a major and the case is not under the POCSO which support the case of the petitioner. He further submits that on the pretext of marriage physical relationship was developed since year back, which continued, but later on the marriage did not fructify due to intervention of the family members which resulted in filing of the case. He further submits that there is no date and time etc. mentioned in the F.I.R which suggest falsity. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail and submits that victim has supported the prosecution case. 5. After going through the petition and the F.I.R, I find that there is nothing to suggest that victim is minor. The victim also never whispered anything about her minority. Thus, I am presuming her to be major, more so the case is also not under the POCSO Act. 6. From the F.I.R, it is clear that since last one year, there was physical relationship established by the petitioner and the informant on the pretext of marriage. The victim was taken to the police station by this petitioner to facilitate the registration of marriage, but the brother of the petitioner had taken away him and since then his phone was switched off, which resulted in this case. Considering the aforesaid nature of the case, I find that this is a fit case for grant of Anticipatory Bail. 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 Judicial Magistrate-IV, Ranchi, in connection with Sadar P.S. Case No.76 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.) R.S./