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2025 DAILYLAW 16582 (JHR)

RAJESH MANDAL ALIAS RAJESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./3306/2025 · 2025-06-19

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16078 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3306 of 2025 ----- Rajesh Mandal @ Rajesh Kumar, S/o Mitalal Mahto, R/o Village- Masipirhi, P.O.- Barkatha, P.S. Barkatha, District- Hazaribag .... Petitioner(s). Versus 1.The State of Jharkhand 2.Kajal Kumari, W/o Rajesh Mandal, R/o Village Masipirhi, P.O.- Barkatha, P.S.- Karkatha, District- Hazaribag, presently residing at Village- Nutan Nagar, P.O. + P.S. Muffasil, District- Hazaribag … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashok Kr. Singh, Advocate For the State : Ms. Bandana Sinha, AddI. P.P. …...... 03/ 19.06.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of 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 85 of the Bhartiya Nyaya Sanhita. 3. The learned APP opposes the prayer for anticipatory bail. 4. Notice under Section 35(3) of BNSS has been issued to the petitioner. This suggests that the police did not have any intention to arrest the petitioner, but the impugned order clearly suggest that inspite of several notices, the petitioner did not appear before the Investigating Officer, thus, he has not complied with the notice under Section 35(3) of BNSS. This Court is of the view that he is not cooperating with the investigation as inspite of notices, he did not appear before the Investigating Officer. 5. Further there is allegation against the petitioner of torturing and assaulting his wife and ousting her from house, I am not inclined to entertain the anticipatory bail application. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Barkatha P.S. Case No.12 of 2025, pending in the Court of learned Judicial Magistrate 1st Class, Hazaribag, stands rejected. 6. Petitioner should appear before the Investigating Officer. (ANANDA SEN, J.) R.S./