Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12766
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5423 of 2024 Govind Saw, S/o Lalo Saw, R/o Village Roshan Tunda, PO: Nimiyaghat, PS: Nimiyaghat, District Giridih ….. Petitioner
Versus 1.The State of Jharkhand
2. Suman Devi, W/o Govind Saw, D/o Narayan Saw, R/o Village Roshan Tunda, PO Nimiyaghat PS: Nimiyaghat District Giridih. At present village Asurbandh, PO: and PS Nimiyaghat District Giridih. …. Opposite Parties.
CORAM :
SRI ANANDA SEN, J.
------
For the petitioner(s) : Mr. Sudhir Kr. Roy, Advocate.
For the State : Mr. Rakesh Ranjan, APP For the OP no.2 : Mr. Kaustav Roy, Advocate
-----
12/29.04.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 482 and 484 of the Bharatiya Nagrik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in connection with Complaint case no. 223 of 2019 for the offences punishable under sections 323,341,379, 498(A)/34 of the Indian Penal Code, and section 3/4 of the Dowry Prohibition Act but cognizance against the petitioner has been taken under section 498(A),323,341 and 506 of the IPC, pending in the court of learned Judicial Magistrate, 1st Class, Giridih.
2.
Heard the learned counsel for the petitioner, learned counsel appearing on behalf of OP No.2 and the learned counsel for the State. The learned counsel for the State and the learned counsel for the OP No.2 have vehemently opposed the prayer for anticipatory bail of the petitioner..
3.
Admitted fact is that the case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence.
4.
The impugned order does not suggest any of the aforesaid situations. Since there is no necessity of custodial interrogation, the petitioner is directed to surrender before the learned court below and upon his surrender the learned court below will consider his case as per law.
5.
This application is thus disposed of.
(ANANDA SEN, J. ) KNR/