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2025 DAILYLAW 15397 (JHR)

SUNILKUMAR MAHTO v. STATE OF JHARKHAND

A.B.A./3397/2025 · 2025-06-25

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16846 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3397 of 2025 Sunil Kumar Mahto, S/o Harshwardhan Mahto, R/o Village Murbanda, Post Barkipona, P.S. Rajrappa, District Ramgarh, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Pradeep Kr. Nayak, Advocate For the State : Mr. Sanjay Kr. Srivastava, AddI. P.P. …...... 04/ 25.06.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 376/406/385/506 of IPC. 3. The petitioner and the victim were in facebook and they developed friendship. Thereafter, they became close and intimate. It is further alleged that in the month of July, 2023, the petitioner called the victim at hotel and in the hotel, they entered into physical relationship, though it has been alleged by the victim that the same was by force. It is further stated that thereafter, on pretext of marriage, their relationship continued and she became pregnant and it is stated that mother and sister of the petitioner had given some medicine to the victim, as a result of which there was miscarriage. It is further stated that the marriage could not be performed as the petitioner and other co-accused persons demanded Rs.5 Lakhs. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 5. After hearing the parties and after going through the petition, I find that the victim is major and it is admitted that they became friends and they entered into the physical relationship on pretext of marriage, though it has been given a colour of forceful relationship. The fact that the victim went in the hotel with the petitioner is also admitted, where they entered into the physical relationship. The marriage could not take place because of some dispute and differences, as a result of which, this case has been filed. Thus, on the aforesaid facts, I feel that this is a fit case for grant of anticipatory bail of the petitioner. 6. 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 J.M. 1st Class, Ranchi, in connection with Lalpur P.S. Case No.21 of 2024, 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./