SURAJ KUMAR PATWA ALIAS SOORAJ KR PATWA v. THE STATE OF JHARKHAND
A.B.A./5373/2024 · 2025-04-28
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22351 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22351 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12669 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5373 of 2024 ------
Suraj Kumar Patwa @ Sooraj Kr. Patwa aged about 48 years S/o
Ramchandra Patwa, R/o-Koldiha, P.S. & P.O.-Giridih, District-
Giridih(Jharkhand)
… … Petitioner Versus
The State of Jharkhand.
… … Opposite Parties ------
CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Md. Ayub Ansari, Advocate. For the State : Mr. Vijoy Kumar Sinha, A.P.P. ----- 05/ 28.04.2025
1. Heard the parties.
2. This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 323/327/342/357/376/498A/504/506/34 of the Indian Penal Code.
3. The case arises out of a complaint which was sent under Section 156 (3)for lodging and registering an FIR.
4. It is alleged that this petitioner was having serious matrimonial dispute with the husband and the in-laws. The informant alleges thatshe was tortured physically and mentally in her in-laws house by the husband and the other family members.
5. There is an allegation that this petitioner who happens to be the brother-in-law of the informant has committed rape upon her on direction of the husband and others.
6. After going through the record, I find that the alleged occurrence is of 22nd February, 2021 but surprisingly, the complaint was lodged on 17.07.2023, after a huge delay, though the complainant has tried to give an explanation that the police had
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never recorded her statement and she sent a written complaint to the higher officials by a registered post.
7. Learned A.P.P. for the State after going through the case diary submits that there is no material to suggest that the registered complaint was sent to the higher officialsof the District.
8. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
9. Considering the aforesaid allegation which prima facie is hard to believe, and the huge delay in lodging the complaint, 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, Giridih, in connection with Giridih(T) P.S. Case No.170 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.) Rashmi/ Cp-2