JITENDRA KUMAR CHOUDHARY ALIAS JITENDRA CHOUDHARY v. THE STATE OF JHARKHAND
A.B.A./4493/2025 · 2025-08-18
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21783 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21783 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4493 of 2025
Jitendra Kumar Choudhary @ Jitendra Choudhary, aged about 35 years, son of Amrika Choudhary, resident of Village Barepur, P.O. Brahi, P.S. Hussainabad, District Palamu (Jharkhand).
..... … Petitioner
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Vijay Bahadur Singh, Advocate.
For the State
: Mr. Sanat Kumar Jha, A.P.P.
------
05/ 18.08.2025 Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with POCSO Case No. 42 of 2018 arising out of Hussainabad P.S. Case No. 118 of 2018 corresponding to G.R. No. 1166 of 2018, registered for the alleged offence under Sections 354 and 366-A of Indian Penal Code and Section 8 of POCSO Act, pending in the Court of learned A.D.J.- IV, Palamau.
3.
Learned counsel appearing for the petitioner submits that the petitioner and the victim girl were in relationship. He submits that the allegation is made that on the date of occurrence she was aged about 17 years and the petitioner has taken her away on 16.05.2018 in the night and they reached to Prayagraj and the FIR was lodged by the father of the victim girl. He further submits that on completion of 18 years of age by the girl, they have already solemnized the marriage on 13.09.2019 in Krishna Nagar, Allahabad, Uttar Pradesh in accordance with Arya Samaj norms. He then submits that when the threatening was made to them, the girl and the petitioner have approached the Hon’ble Allahabad High Court and the Allahabad High Court has been pleased to grant interim protection by way of directing the police to
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give protection to them and liberty was given that in the meantime, both of them may get their marriage registered under the provisions of Uttar Pradesh Marriage Registration Rules, 2017 and after registration of the marriage, they have performed the marriage. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the father of the victim girl has instituted the said FIR against the petitioner. 5. It transpires that the Hon’ble Allahabad High Court has granted the interim protection to the petitioner and the girl by way of directing the police to give protection to them and liberty was provided to both of them that in the meantime, both of them may get their marriage registered under the provisions of Uttar Pradesh Marriage Registration Rules, 2017 and further considering that after attaining the age of 18 years, both of them have performed the marriage, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs.
25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned A.D.J.-IV, Palamau, in connection with POCSO Case No. 42 of 2018 arising out of Hussainabad P.S. Case No. 118 of 2018 corresponding to G.R. No. 1166 of 2018, subject to conditions as laid down under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-