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2025 DAILYLAW 15439 (JHR)

GULSHAN KUMAR v. THE STATE OF JHARKHAND

A.B.A./3189/2025 · 2025-06-10

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:14892 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3189 of 2025 ------ Gulshan Kumar, son of Laxmi Narayan Prasad Sahu, R/o Village Kolebira, P.O. & P.S. Kolebira, District Simdega (Jharkhand). … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Kripa Shankar Nanda, Advocate. For the State : Mr. Saket Kumar, A.P.P. ----- 02/ 10.06.2025 Heard the parties at length. 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, for offences under Sections 376, 313 and 323 IPC. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The allegation in the F.I.R. is that the informant who is a major lady, stated that she was married in the year 2005 and is having a child of 16 years. The husband of the informant died sometime in the year 2007. Thereafter, she came in contact with this petitioner and they established physical relationship. It is alleged that the said relationship was established on the pretext of marriage. Further, it is alleged that she became pregnant and her pregnancy was aborted by administering some medicine. It is alleged that sometime in the year 2024, an application was given by the informant upon which the petitioner compromised the dispute but later on she was driven out of the house, which resulted 2025:JHHC:14892 2 in this case. 5. After going through the records and hearing the parties, I find that the informant lady is major and she has herself established physical relationship with this petitioner, though on the pretext of marriage and when the relationship turned sour, the instant case has been lodged. 6. Considering the nature of allegation and the fact that the victim-informant is major, so also the fact that the sour relationship has been converted into this case, I am inclined to enlarge this petitioner on anticipatory bail. 7. 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.20,000/- (Rupees Twenty Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Simdega, in connection with Simdega (Mahila) P.S. Case No.10 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.) Prashant. Cp-3