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2025 DAILYLAW 21095 (JHR)

SUJIT MANKI v. THE STATE OF JHARKHAND

A.B.A./5073/2024 · 2025-04-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12170 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5073 of 2024 ------ Sujit Manki, @ Sujeet Manki, son of Late Singhraj Singh Manki, resident of Village Buradih, P.O. & P.S. Marangdaha, District Khunti. … … Petitioner Versus 1. The State of Jharkhand. 2. Sujita Tidu, wife of Sujit Manki, @ Sujeet Manki, daughter of Jitwahan Munda, resident of Village Belwadag, P.O. & P.S. Khunti, District Khunti. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Ms. Anuradha Sahay, A.P.P. Mr. Deepak Kr. Prasad, Advocate ----- 07/ 24.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 341, 323, 504, 506, 498A/34 IPC and Section 3/4 of the Dowry Prohibition Act. Cognizance has been taken under Section 498A/34 IPC and Section 3/4 of Dowry Prohibition Act. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The petitioner is the husband. There is an allegation of demand of dowry and torture. 5. Admitted fact is that the case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. 2025:JHHC:12170 2 6. The impugned order does not suggest any of the aforesaid situation. Thus, in a complaint case, since there is no necessity of custodial interrogation, I am inclined to release this petitioner on anticipatory bail. 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 Chief Judicial Magistrate, Khunti, in connection with Complaint Case No.135 of 2023, 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. (ANANDA SEN, J.) Prashant. Cp-3