Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:10327 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.4907 of 2024
------ Aditya Rajbanshi @ Aditya Rajbansi, aged about 21 years, son of Sagar Rajbanshi, resident of village-Hamrul, P.O.-Sitapahari, P.S.- Malpahari (O.P.), District-Pakur (Jharkhand).
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rajeeva Sharma, Sr.Advocate
: Mr. Om Prakash, Advocate
For the State
: Mrs. Lily Sahay, Addl.P.P.
For the Informant : Mr. Birendra Kumar, Advocate
------
Order No.10 Dated- 03/04/2025
Heard the parties. Apprehending his arrest in connection with Malpahari (O.P.) P.S. Case No.18 of 2024 instituted for the offences punishable under Sections 366A/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons, procured the minor girl for her marriage with the petitioner. It is next submitted that the allegation against the petitioner is false. It is then submitted, drawing attention of this Court to IA No.3977 of 2025 which is supported by the separate affidavits of the informant, victim and the father of the petitioner, that inadvertently in Page-7 of the said interlocutory application, which is the affidavit purportedly shown in by Sagar Rajvanshi, because of printing error Sagar Rajvanshi has been described as the Daughter of Late Badal Rajvanshi but in fact Sagar Rajvanshi is son of Late Badal Rajvanshi. It is next submitted that it has been mentioned in the interlocutory application that the victim without the consent of her family had gone to Kolkata along with the villagers including the petitioner, to earn her livelihood and the victim was shocked when the police arrested her in Kolkata and was compelled by police to speak against the petitioner. It is next submitted that a cordial relationship
has been established between the petitioner and the family of the victim, hence, the victim and her father and the informant does not want to pursue the case. It is next submitted that the victim and the petitioner both are major persons. It is next submitted that the petitioner and the victim are leading a happy married life. It is next submitted that the claim of the victim being minor is unfounded and baseless. It is next submitted that the marriage has been solemnized between the petitioner and the victim as per the provisions of Special Marriage Act, the copy of which has been kept at Annexure-2 of this anticipatory bail application. Drawing attention of this court towards para-11 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent.
It is lastly submitted that the petitioner undertakes not to annoy or disturb the informant and also undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State and the learned counsel for the informant on the other hand vehemently oppose 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Pakur in connection with Malpahari (O.P.) P.S. Case No.18 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita,
2023. (Anil Kumar Choudhary, J.) Abhiraj/