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2025 DAILYLAW 21387 (JHR)

NITESH KUMAR ALIAS NITESH VERMA v. THE STATE OF JHARKHAND

A.B.A./4188/2025 · 2025-09-25

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:30038 ) -1- A.B.A. No. 4188 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4188 of 2025 Nitesh Kumar @ Nitesh Verma, aged about 39 years, son of Late Mahabir Verma, resident of Mohalla-Shiv Shakti Nagar, Kokar, P.O. Kokar, P.S. Sadar, District- Ranchi … Petitioner -Versus- 1. The State of Jharkhand 2. Rajni Verma, wife of Nitesh Kumar @ Nitesh Verma, resident of Shiv Shakti Nagar, P.O. Kokar, P.S. Sadar, District- Ranchi, presently residing at Adarshpuri Okani, Hazaribagh, P.O. & P.S. Lohsinghna, District- Hazaribagh … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Anil Kumar Sinha, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P. For O.P. No.2 : Mr. Vijayant Verma, Advocate ----- 05/25.09.2025 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for opposite party no.2-complainant/informant. 2. The petitioner is apprehending his arrest in connection with Lohsinghna P.S. Case No.171/2024, registered for the offence under Sections 323, 379, 307, 498A, 324, 325, 504, 506 and 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Additional Chief Judicial Magistrate, Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of the complainant/informant. He further submits that the complaint case has been converted into FIR pursuant to the order of the learned Additional Chief Judicial Magistrate, Hazaribagh. He then submits that there is general and omnibus allegation of assault. He draws attention of the Court to the medical certificate annexed with the complain petition and submits that the said medical certificate is dated 27.03.2023, whereas, the complaint case has been filed on 04.10.2024. On these grounds, he submits that the petitioner being the husband may kindly be granted anticipatory bail. 4. Learned counsel appearing for the State submits that the petitioner is the husband and in view of that, he is the main culprit. ( 2025:JHHC:30038 ) -2- A.B.A. No. 4188 of 2025 5. Learned counsel appearing for opposite party no.2-complainant/ informant opposed the prayer and submits that there is direct allegation against the petitioner of assault and demand of dowry in paragraphs 10 and 11 of the complaint case and in view of that, the prayer for anticipatory bail may kindly be rejected. 6. Looking into the contents of the complaint case, which has been converted into an FIR, it transpires that there are general and omnibus allegation against all the accused persons including the petitioner and all the family members have been made accused. The case is registered under Section 307 and other Sections of the Indian Penal Code, however, the medical certificate is dated 27.03.2023 and the complaint case has been filed on 04.10.2024 and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 7. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hazaribagh in connection with Lohsinghna P.S. Case No.171/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 25th September, 2025 Ajay/