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2025 DAILYLAW 24641 (JHR)

DINESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./5351/2025 · 2025-09-15

Sanjay Kumar Dwivedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:28244 --1-- A.B.A. No. 5351 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5351 of 2025 ---- Dinesh Kumar, son of Baleshwar Yadav, aged about 30 years, resident of village – Beko, PO and PS – Jainagar, District – Koderma, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Lalit Yadav, Advocate :- Mr. Satyanshu Shubham, Advocate For the State :- Ms. Shweta Singh, Advocate ---- 02/15.09.2025 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 Koderma (Mahila) P.S. Case No.09 of 2024, for the alleged offences registered under Sections 498A, 323, 506, 379 read with Section 34 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act pending in the Court of learned Sub-Divisional Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioner submits that the petitioner is the husband of the informant and the petitioner has instituted the Original Suit No.132 of 2023 under Section 12(d) of Hindu Marriage Act before the learned Principal Judge, Family Court, Koderma for declaration of marriage between the petitioner and the informant as null and void. He submits that the service of notice in 2025:JHHC:28244 --2-- A.B.A. No. 5351 of 2025 that case was made on 04.03.2024 and thereafter the present case has been lodged on 16.05.2024 and there are general and omnibus allegation against the petitioner of demand of Rs.3,00,000/-. 4. Learned counsel appearing for the State opposes the prayer and submits that the petitioner is the main culprit being the husband. 5. Considering that the original suit was filed before lodging of the present FIR by the petitioner and thereafter the present case has been lodged. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. 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 Sub-Divisional Judicial Magistrate, Koderma in connection with Koderma (Mahila) P.S. Case No.09 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 15.09.2025 Sangam/