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2025 DAILYLAW 16065 (JHR)

MUKESH MURMU v. THE STATE OF JHARKHAND

A.B.A./3633/2024 · 2025-04-07

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:10648] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3633 of 2024 ------ Mukesh Murmu, Aged about 40 years, S/O- Late Ramesh Murmu, R/O- Village- Bahadur Chowk, PO- Bahadur Chowk, PS- Thakurgangti, Dist- Godda, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avishek Prasad, Advocate For the State : Ms. Anuradha Sahay, Addl. P.P ------ Order No.06 Dated- 07-04-2025 Heard the parties. Apprehending his arrest in connection with Poraiyahat P.S. Case No.143 of 2023 instituted under Sections 376 (2) (n) of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner repeatedly committed rape upon the informant by deceiving her to marry her. It is submitted that the allegation against the petitioner is false. It is next submitted that admittedly the petitioner was accepted as son-in-law by the family members of the informant and admittedly, the petitioner and the informant were residing in a rented accommodation for a considerable period of time, suppressing the fact that the petitioner was a married man at the time of his marriage with the informant but later on the petitioner deserted the informant. It is next submitted that the police after investigation of the case, has submitted Final Form alleging commission of offences punishable under Sections 417, 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. It is further submitted that the petitioner is still ready and willing to keep and maintain the informant as his lawful wife if and when she resumes conjugal life with the petitioner. It is next submitted that the petitioner undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.25,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Godda in connection with Poraiyahat P.S. Case No.143 of 2023 with the condition that he will co-operate with the trial of the case, he will not annoy or disturb the informant in any manner during the pendency of the case and he will keep and maintain the informant with full honour and dignity as his lawful wife if and when she resumes conjugal life with him and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Animesh/