2025:JHHC:19944 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4876 of 2024 ----- 1.Arindam Sen, S/o Late Deepak Kumar Sen 2.Chandrika Sen, W/o Late Deepak Kumar Sen Both R/o Orion Exotica Tower-2, 4th Floor, Flat No.4C, 168 Banke Behari Chatterjee Road, Dhalipara More, P.O. & P.S. Kasba, District- Kolkata (West Bengal) .... Petitioner(s). Versus 1.The State of Jharkhand 2.Dakshina Sen, W/o Arindam Sen and D/o Somen Dutta, R/o College Road (near Adhikari Lodge), P.O. & P.S. Ghatshila, District- East Singhbhum … Opp. Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajeeva Sharma, Sr. Advocate Mr. Om Prakash, Advocate For the State : Mr. Rakesh Ranjan, AddI. P.P. For the O.P. No.2 : Mr. P.P.N. Roy, Sr. Advocate Mr. Pandey Ashok Nath Roy, Advocate …...... 14/ 18.07.2025: Heard, learned Senior counsel for the petitioner, learned counsel for the State and learned Senior counsel for the opposite party. 2. This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending their arrest for offences under Sections 498-A, 406, 386, 387, 504, 34 of IPC. 3. As per the prosecution the informant was married to petitioner- Arindam Sen on 20.11.2016, and soon thereafter, she was subjected to physical and mental torture for dowry by the petitioners. She was forced to leave her matrimonial home on 08.07.2018. On 19.12.2021, the petitioners allegedly demanded ₹25 lakhs from her and extended death threats. 4. Learned Senior counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the instant case been filed in response to the case filed by the petitioner No. 1 which is for dissolution of marriage. He submits that the informant used to pressurize the petitioner no. 1when he used to take care of his mother. The petitioners have already returned her jewellery and therefore no case is made out against the petitioners. Thus, on these aforesaid grounds he prays that the instant anticipatory bail should be allowed. 5. Learned counsel appearing on behalf of the State vehemently opposes this anticipatory bail application and submits that the petitioners have committed serious and grave offences and prima facie a case is made out against them under the alleged Sections. He further submits that, learned Sessions Judge, Ghatshila has rightly rejected the Anticipatory Bail of the petitioners in A.B.P. No. 221 of 2023 vide order dated 26.09.2023. On query, he submits that these petitioners have complied the notice under Section 41A of the Code of Criminal Procedure. 6. Learned counsel appearing on behalf of the informant submits that the petitioners have repeated the offence. On an earlier occasion, in a case filed by the wife, petitioner No.1 had given undertaking that he will keep his wife with dignity. Thereafter, she was taken to Kolkata and thereafter again torture was meted out and she was driven out of the house. Petitioners have reached parental home of the victim and thereafter abused and assaulted her. 7. After hearing the parties and going through the records, prima facie, I find that instant case arises out of a matrimonial dispute. The instant case was filed in response to the case filed by the petitioner No.1 for dissolution of marriage and also a case filed by the petitioner No.2 against the informant party. Though earlier a case was filed by the informant on the ground that the husband of the informant has tortured her, but in the said case, the husband, i.e., petitioner had taken the wife to matrimonial home at Kolkata. There is allegation that after some time they assaulted her and drove her out, as such, she is residing in parental home at Ghatshila, wherein these petitioners came and also assaulted and misbehaved her. Further, the petitioners have complied with the notice under Section 41-A of Cr.P.C. and they have not been arrested his suggest that this not a case where custodial investigation of the petitioners is necessary. This is not a case of custodial investigation also. 8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are 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 their surrender or arrest, they 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 A.C.J.M., Ghatshila, in connection with Ghatshila P.S. Case No.23 of 2022, subject to the condition that one of the bailers should be a close relative of the petitioners 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. 9. 9. Petitioners are directed to cooperate with the investigation and appear before the I.O. once in every 15 days, till conclusion of the investigation. 10. Once, if the chargesheet is filed, the Court will take steps to frame charge within two months from the date of filing of the chargesheet. 11. Petitioners should file an undertaking that they will cooperate in trial and will remain present as and when necessary, so that the trial could be concluded at the earliest. (ANANDA SEN, J.) R.S./