HARENDRA KUMAR SAHA ALIAS HARINDRA KUMAR SAHA v. THE STATE OF JHARKHAND
A.B.A./3642/2025 · 2025-07-11
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17486 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17486 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:18934 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3642 of 2025 ------ Harendra Kumar Saha @ Harindra Kumar Saha, son of Anta Lal Saha, resident of village Sahri, PO and PS Ranga, District Sahebganj, Jharkhand … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sumit Gautam, Advocate.
Mr. Anjani Kumar, Advocae For the State : Mr. Vineet Kr. Vashistha, A.P.P. ----- 04/ 11.07.2025 Heard the parties.
2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 85/108/352/351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act pending in the court of learned Additional Chief Judicial Magistrate at Rajmahal in connection with Ranga PS Case No. 124 of 2024.
3. There is an allegation of assault against the petitioner, his mother and other accused persons. They used to torture the informant who is the wife of this petitioner.
4.
Learned counsel for the petitioner submits that though section 108 of BNS has been mentioned in the FIR but there is no ingredient to attract the aforesaid section and the other sections are punishable for a period less than seven years. Further he submits that notice under section 41A of Cr.PC has been issued to which the petitioner has submitted written reply.
5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
6. After hearing the parties and after going through the FIR, I find that there is no ingredient which can attract section 108 of BNS. So far as other offences are concerned those are
2025:JHHC:18934 2
punishable for a period less than seven years.
7. Thus, I direct the petitioner to appear before the court concerned. If the petitioner appears, the court concerned after being satisfied that the petitioner has complied with the notice under section 35(3) of BNSS and if he has already complied with in its true letter and spirits, an appropriate order would be passed considering the judgment of the Hon’ble Supreme Court passed in the case of “Satender Kumar Antil vs. CBI and Anr.” reported in (2022) 10 SCC 51.
8. Accordingly, this Anticipatory Bail Application stands
disposed of.
(ANANDA SEN, J.) Tanuj/Cp-3