2025:JHHC:19528 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2721 of 2025 ------ Suresh Kumar Nag, S/o Sarghu Mahto @ Sardhu Mahto, R/o Village Ghasibari, P.O. Gutjora, P.S. Karra, District Khunti. … … Petitioner Versus 1. The State of Jharkhand. 2. Pramila Kumari, W/o Suresh Kr. Nag, D/o Sardhu Mahto, R/o Village Ghasibari, P.O. Ghunsuli, P.S. Karra, District Khunti. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Nivedita Kundu, Advocate Mr. Anshul Tubeen Kumar, Advocate For the State : Mr. Praful Jojo, A.P.P. Mr. Gaurav, Advocate Ms. Priyanka Jaiswal, Advocate ----- 06/ 17.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest, for offences under Sections 85, 115(2), 352, 351(2), 109 and 82(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act. 3. The petitioner is the husband of the informant. It is alleged that this petitioner used to assault the informant and was disowning the child. Further, there is an allegation that the petitioner tried to marry for the second time but he was stopped by the informant. On this basis, F.I.R. has been lodged. 4. Learned counsel representing the petitioner submits that all the allegation are false. She submits that the petitioner is in Army, serving in the Borders and he was there from one and half years, as such the entire allegation of assault is false. 2025:JHHC:19528 2 5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. Learned counsel representing the informant also opposes the prayer for anticipatory bail and submits that when this petitioner came to the house, he has assaulted the informant and tried to marry for the second time and he is also denying the marriage with the informant. He submits that the petitioner has himself filed an application stating that he is unmarried, which is absolutely false. He further submits that the petitioner also used to assault the informant. 6. After hearing the parties, I find that this case arises out of a matrimonial dispute. Further, though there is an allegation of assault but there is nothing to suggest that Section 109 of the BNS is attracted in this case. So far as Sections 85, 115(2), 352, 351(2) and 82(1) of the BNS are concerned, the same are punishable for a period less than seven years. 7. Considering the nature of allegation, which is of demand of dowry and torture, I am opinion that this is not a case which needs custodial investigation. Thus, I direct the petitioner to cooperate with the investigation and appear before the Investigating Officer once in every fifteen days till submission of the charge-sheet. The petitioner will also give an undertaking before the Court concerned that he will appear before the Trial Court as and when directed. 8. With the aforesaid observation, 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 2025:JHHC:19528 3 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 C.J.M., Khunti, in connection with Khunti (Mahila) P.S. Case No.01 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. Further, the Trial Court will ensure that if charge-sheet is filed, the charge be framed within two months from the date of filing of the charge-sheet. (ANANDA SEN, J.) Prashant. Cp-3