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2025 DAILYLAW 22304 (JHR)

VIVEK KUMAR v. THE STATE OF JHARKHAND

A.B.A./4435/2025 · 2025-09-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:30418 --1-- A.B.A. No. 4435 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4435 of 2025 ---- Vivek Kumar, aged about 31 years, S/o Shankar Prasad, R/o village – Manjhigaon, PO – Maigra, PS – Kothi, District – Gaya, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Kripa Shankar Nanda, Advocate For the State :- Mrs. Anuradha Sahay, Advocate For the Informant :- Mr. Manoj Kr. No.2, Advocate ---- 04/26.09.2025 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 Naudiha Bazar P.S. Case No.52 of 2025, for the alleged offences registered under Sections 376(2)(n), 417 and 420 of Indian Penal Code and Sections 4 and 6 of POCSO Act, pending in the Court of learned Exclusive Special Judge (POCSO), Palamau at Daltonganj. 3. Learned counsel appearing for the petitioner submits that the allegations are made of establishing of relationship in the year 2017 and the FIR has been lodged on 23.06.2025 and in the FIR itself it has been stated that the informant is aged about 24 years. He also submits that further allegations are made that the petitioner has refused to marry. He further submits that there is money transaction between the petitioner and the brother of the informant and for that the case has been lodged and that has also come in paragraph No.66 of the case diary. 2025:JHHC:30418 --2-- A.B.A. No. 4435 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there against the petitioner of establishing relationship on the pretext of marriage. 5. Learned counsel appearing for the informant vehemently opposes the prayer and submits that the relationship has been established on the pretext of false marriage in the year 2017 itself and at that time the informant was minor. 6. Looking into the contents of the FIR, it is crystal clear that the allegations are made that in the year 2017 the relationship was established wherein the FIR has been lodged on 23.06.2025 and the informant is said to be 24 years old and it has come in paragraph No.66 of the case diary that there is money transaction between the petitioner and the brother of the informant as well as the informant, I am inclined to provide anticipatory bail to the petitioner. 7. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge (POCSO), Palamau at Daltonganj in connection with Naudiha Bazar P.S. Case No.52 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 26.09.2025 Sangam/