Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:21159 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3974 of 2025
----- Amit Anand, S/o Nag Narayan Prasad Srivastava, R/o Village, P.O. & P.S. Raghunathpur, District- Motihari (East Champaran) Bihar
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Ms. Manjulika Horo, Advocate For the State : Mr. Abhay Kr. Tiwari, AddI. P.P.
…...... 03/ 31.07.2025: On the last date, matter was heard and specific question was put to the A.P.P. as to whether it is necessary to take the petitioner in custody in this case for the purpose of investigation.
2. Today, learned counsel for the State submits that inspite of issuance of notice under Section 41-A Cr.P.C., the petitioner has not appeared that is the only reason to arrest the petitioner. He submits that if the petitioner appears and cooperates with the investigation, there is no necessity to take him in custody as infact this is not a case for custodial investigation. All these
submissions have been made by the State on the instruction of the Investigating Officer.
3. State on instruction further submits that till date the I.O. has not sought for any warrant to arrest this petitioner.
4. Heard, learned counsel for the petitioner and learned counsel for the State.
5. This is an application filed by the petitioner praying for grant of anticipatory bail under Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 498A, 323, 504 and 506 of IPC, in connection with Harla P.S. Case No.39 of 2019, pending in the Court of learned Judicial Magistrate 1st Class, Bokaro.
6. Petitioner is the husband.
7. The allegation against this petitioner is that he regularly tortured his
wife in various manners. It is alleged that he is not providing maintenance to his wife and children.
8. All the offences are punishable for a period of 7 years or less.
9. Since, no warrant of arrest has been issued and it is also the submission of the Investigating Officer that if the petitioner cooperates with the investigation, there is no necessity to arrest him, considering the judgment passed by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51. I direct the petitioner to appear before the Investigating Officer once in every 15 days till conclusion of the investigation. Once the petitioner appears before the Investigating Officer and gets his statement recorded, he will appear before the Court concerned and file necessary bonds.
10. Accordingly, the instant anticipatory bail application stands disposed of.
(ANANDA SEN, J.) R.S./