Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 18735 (JHR)

SONU KUMAR v. THE STATE OF JHARKHAND

A.B.A./3698/2025 · 2025-07-14

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:19040 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3698 of 2025 ------ Sonu Kumar, aged about 29 years, S/o Kamdev Yadav, R/o Village- Gandhi Nagar, Gohri Ghat; P.O. & P.S. Godda, District-Godda, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand. 2. Rupwati Kumari, aged about 25 years, W/o Sonu Kumar, D/o Om Prakash, Present Address, R/o Village- Gandhi Nagar, Gohri Ghat, P.O. & P.S.- Godda, District- Godda, Jharkhand. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr.Pankaj Kumar Choudhary, Advocate For the State : Mrs. Priya Shrestha, A.P.P. ----- 02/ 14.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Godda (T) P.S. Case No.50 of 2025, for offences under Sections 85, 308(3), 115(2), 352, 351(2), 351(3) of B.N.S, 2023. The case is presently pending before the Court of learned S.D.J.M. Godda. 3. The allegation against the petitioner-husband is that he tortures the victim-wife and has demanded money. Further, some objectionable photographs in the social media was posted by the petitioner. 4. During course of argument, learned counsel for the petitioner fairly submits that the notice under Section 35(3) of B.N.S.S. has been issued to the petitioner but the petitioner has not appeared before the I.O. and as on date, warrant has also not been issued. He submits that since notice of under Section 35(3) has been issued, he will appear before the I.O. personally. 2025:JHHC:19040 5. Issuance of Notice under Section 35(3) of the B.N.S.S., clearly suggests that the I.O. has got no intention to take the petitioner in custody or arrest the petitioner. Thus, the petitioner should appear before the I.O. and cooperate with the investigation and thereafter, he will file an appropriate application before the concerned Court. If the petitioner appears before the I.O. and joins the investigation and thereafter appears before the Court by filing appropriate application, the Court below will pass an appropriate order in terms of the judgment of Hon ‘ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51 as well as the observation made in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in (2021) 10 SCC 773. 6. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Sandeep. Cp-3