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2025 DAILYLAW 20588 (JHR)

VIKASH KUMAR ALIAS VIKASH RAJAK v. THE STATE OF JHARKHAND

A.B.A./3907/2025 · 2025-07-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20126 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3907 of 2025 Vikash Kumar @ Vikash Rajak, S/o Raju Rajak, R/o Village- Tilakpur, P.O. Manjhali Mathihani, P.S. Belhar, District- Banka (Bihar) .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ……. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Purnendu Kr. Jha, Advocate For the State : Mr. Nawin Kr. Singh, AddI. P.P. …...... 02/ 23.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application 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 87, 303(2), 3(5) of B.N.S. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The allegation against this petitioner that he enticed the wife of the informant. 5. From the impugned order, I find that the victim had returned. In the impugned order, learned Sessions Judge has recorded that the victim has given her statement under Section 183 of BNSS and wherein she has stated that she has left her matrimonial house out of her own will to go with the petitioner. But during hearing of the anticipatory bail application, she stated through the lawyer that as the child of the victim was kept with the petitioner, she had to give the aforesaid statement, rather she was kidnapped. 6. Considering the statement under Section 183 of BNSS, which was recorded before the Magistrate, wherein she has stated that she had herself gone with this petitioner, further considering the fact that she is major and has now returned, I feel that this is a fit case for grant of anticipatory bail of the petitioner. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Dumka, in connection with Saraiyahat P.S. Case No.48 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. The petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days. (ANANDA SEN, J.) R.S./