2025:JHHC:17689 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2709 of 2025 ------ Suraj Kumar Mishra, S/o Late Anant Mishra @ Late Anand Kumar Mishra, R/o Bhawani Shankar Choubey, 33A Block Samitha Sarovar, Horamavu, Main Road, Kalkere, P.O. & P.S. Kalyan Nagar, District Bengaluru. … … Petitioner Versus 1. The State of Jharkhand. 2. Nandini Tiwari, W/o Suraj Mishra, R/o Tiwaridih, P.O. & P.S. Deori, District Giridih. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. R.S. Mazumdar, Sr. Advocate, with Mr. Sidhartha Roy, Advocate For the State : Ms. Snehlika Bhagat, A.P.P. Mr. Rahul Ranjan, Advocate ----- 04/ 02.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Deori P.S. Case No.02 of 2025, for offences under Sections 85, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act. The case is presently pending before the Court of learned J.M. 1st Class, Giridih. 3. Learned A.P.P. representing the State and learned counsel representing the informant oppose the prayer for anticipatory bail. 4. The allegation against the petitioner, who is the husband, is of demanding dowry and torturing his wife including physical assault. 5. Learned senior counsel representing the petitioner submits that the petitioner has appeared before the Investigating 2025:JHHC:17689 2 Officer in compliance of Notice under Section 41(A) Cr.P.C and other co-accused have been granted anticipatory bail. He further submits that the petitioner is ready to cooperate with the investigation by appearing before the Investigating Officer and he will also appear before the Court concerned during the trial, if charge-sheet is submitted against him. He also submits that his client ensures that he will not linger the trial. He lastly submits that this is not a case where custodial investigation is necessary. He refers to the judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51 as well as the observation made in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in (2021) 10 SCC 773. 6. Learned counsel representing the informant opposes the prayer for anticipatory bail and submits that there is allegation of physical assault on the victim. 7. After hearing the parties, I find that admittedly there is allegation of physical assault, torture and demand of dowry by the petitioner, but the facts remains that the offences punishable are for a period less than seven years. 8. In these types of cases, normally this Court should grant anticipatory bail, keeping in mind that the petitioner/accused should cooperate in the investigation and also should not take undue advantage and should not delay the trial. 9. In view of the aforesaid facts, I direct the petitioner to appear before the Court concerned. Once the petitioner appears, 2025:JHHC:17689 3 the Court will pass an appropriate order in view of the Judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51 as well as the observation made in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in (2021) 10 SCC 773, and file necessary bonds to the satisfaction of the Court, subject to condition that till the final report is submitted, the petitioner will appear before the I.O. once in every fifteen days and further to ensure that if the trial progresses and if at all the chargesheet is filed, the Court will start the proceeding in terms of Section 262/263 BNSS within a period of one month, thereafter. The petitioner should also give an undertaking that he will not linger the trial. If there is any deviation from the aforesaid conditions, it will be open to the trial Court to cancel the bail bond of the petitioner and will take necessary action against him. 10. In view of the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Prashant. Cp-3