Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:25350
--1-- A.B.A. No. 4763 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4763 of 2025
---- XXX
.... Petitioner -- Versus --
1. The State of Jharkhand
2. XXX
.... Opposite Parties
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Md. Ayub Ansari, Advocate
For the State
:- Mr. Satish Kr. Keshri, Advocate
For the Informant :- Mr. Abhay Kr. Sinha, Advocate
---- 04/26.08.2025 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Informant.
2. The petitioner is apprehending his arrest in connection with Complaint Case No.2459 of 2024 for the alleged offences registered under Section 85 of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Giridih.
3.
Learned counsel appearing for the petitioner submits that the complaint case has been lodged against the petitioner, who happened to be the husband and against all the family members, however, the learned Court has been pleased to take cognizance under Section 85 of Bharatiya Nyaya Sanhita, 2023 only. He submits that the marriage has been solemnized in the year 2008 and the allegations are made of demanding of Rs.2 lacs and it is not disclosed that when the said demand has been made and now the
2025:JHHC:25350
--2-- A.B.A. No. 4763 of 2025
complaint has been lodged in the year 2024.
4.
Learned counsel appearing for the State submits that the case has been lodged in the form of complaint and the learned Court has been pleased to take cognizance.
5.
Learned counsel appearing for the Informant opposes the prayer and submits that the complainant has been thrown away from the matrimonial house and she is somehow managing the life.
5. In view of the above and considering that the petitioner is husband and the marriage was solemnized in the year 2008 and the complaint has been filed in 2024 and the learned Court has been pleased to take cognizance only under Section 85 of Bharatiya Nyaya Sanhita, 2023, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper.
(Sanjay Kumar Dwivedi, J.) Sangam/