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2025 DAILYLAW 23406 (JHR)

BABITA DEVI v. THE STATE OF JHARKHAND

A.B.A./4920/2025 · 2025-08-28

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:25777 --1-- A.B.A. No. 4920 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4920 of 2025 ---- Babita Devi, aged about 48 years, wife of Late Girish Chandra Rajak, resident of Kanke Road Dam side, Konge Near Church, Misirgonda @ Pahargonda, Ranchi, PO – Ranchi University, PS – Gonda, District – Ranchi, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. P.S. Dayal, Advocate :- Mr. Vikash Anand, Advocate For the State :- Mr. Sanat Kr. Jha, Advocate ---- 02/28.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Kanke P.S. Case No.163 of 2025 for the alleged offences registered under Sections 115(2), 126(2) and 127(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 75 and 86 of Juvenile Justice (Care and Protection of Children) Act pending in the Court of learned Chief Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioner submits that the girl was left with the petitioner so that she will be properly taken care by the petitioner. He further submits that the petitioner was taking every care of the child and she was also living in the house and doing the natural work of a child like in a common family being 2025:JHHC:25777 --2-- A.B.A. No. 4920 of 2025 done by the children. 4. Learned counsel appearing for the State opposes the prayer and submits that the child has been exploited and the household course has been taken by the petitioner. 5. In view of the above and looking into the nature of allegation made against the petitioner and further it has been pointed out that the child has been left by the mother for taking proper care of the said child, in that view of the matter 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/