Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:17658 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3439 of 2025
----- 1.Devanand Saha, S/o Late Ram Bilas Saha, Resident at- 1st Floor, 823 D, Motilal Gupta Road, Siriti Muchipara, P.O. & P.S.- Haridevpur, District- South 24 Praganas, West Bengal 2.Punam Saha, W/o Devanand Saha, Resident at- 1st Floor, 823 D, Motilal Gupta Road, Siriti Muchipara, P.O. & P.S.- Haridevpur, District- South 24 Praganas, West Bengal
.... Petitioner(s).
Versus 1.The State of Jharkhand 2.Prerna, W/o Mitesh Anand, D/o Sanjay Kumar Mandal, Resident at 823 D, Motilal Gupta Road, Purbasha Building, 1st Floor, Near S.B.I., Siriti Muchipara, P.O. & P.S.- Haridevpur, District- South 24 Praganas, State- West Bengal at present Resident of Nahar Chowk Bhatdiha, P.O. Godda and P.S.- Godda Nagar, District- Godda, State Jharkhand
… Opp. Party(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Indrajit Sinha, Advocate
Mr. Sahbaj Akhtar, Advocate
Mr. Vincent Roht Marki, Advocate For the State : Mr. Azeemuddin, AddI. P.P. For the Informant : Mr. Indu Shekhar Gupta, Advocate
…...... 06/ 03.07.2025: Heard, learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant.
2. This is an application filed by the petitioners praying for grant of anticipatory bail under Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending their arrest for the offences under Sections 323, 498(A) of IPC and Sections 3/4 of the Dowry Prohibition Act, 1961, in connection with Complaint Case No.255 of 2024, pending in the Court of learned Judicial Magistrate 1st Class, Godda.
3. There is allegation against these petitioners that these petitioners being in-laws, have tortured the wife.
4. Admittedly, the case arises out of a complaint and only after summons have been issued, these petitioners have appeared in this case. This Court time and again has held based on the judgment of the Hon’ble Supreme Court that when in a complaint case summons have been issued there is no apprehension of arrest.
5. Considering the aforesaid fact that case arises out of a complaint and cognizance has already been taken and there is no scope of any investigation. Petitioners are directed to appear before the Court concerned and file necessary bonds.
6. Accordingly, the instant anticipatory bail application stands disposed of.
(ANANDA SEN, J.) R.S./