2025:JHHC:13917 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5806 of 2024 ----- ABHISHEK KUMAR DUBEY, Son of Ashok Kumar Dubey, Resident of Village- Sagma, P.O.- Katahar Kala, P.s.-Dhurki, District- Garhwa. .... Petitioner(s). Versus The State of Jharkhand … Opposite Party(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Vimlesh Kumar, Advocate Mr. Santosh Kr. Tiwari, Advocate For the State : Mr. Fahad Allam, AddI.P.P. …...... 06/ 08.05.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. The present anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for the offence registered under Section 366 of Indian Penal Code presently pending in the Learned Court of J.M.F.C, Palamau in connection with Nawabazar Police Station Case No. 84 of 2023. 3. The prosecution's case is based on a written statement of Vikash Vishwakarma dated 05-09-2023. He alleged that the petitioner repeatedly called him on his mobile numbers. When he asked the petitioner to stop, the petitioner threatened to abduct his wife and child. On 04-09-2023, while Vikash was not at home, the petitioner allegedly kidnapped his wife and child around 5:00 P.M. Later, the petitioner showed the informants that his wife and child are in his custody through a WhatsApp video call and told the informant to forget about them. 4. Learned counsel for the petitioners contended that he is innocent and has been falsely accused. He further submitted that neither petitioner has kidnapped the victim nor has committed any offence and they were in regular contact through phone calls and chats. He further submitted that the victim used her father-in-law’s phone to talk with the petitioner between 02-09-2023 to 04-09-2023. He further submitted that the witnesses have not seen when and how she has been kidnapped by the petitioner. He further submitted that there was no independent witness who have supported the case of prosecution. 5. The learned counsel appearing for the state has opposed the prayer for anticipatory bail. He submits that the petitioner is not entitled to the privilege of anticipatory bail. 6. After hearing the parties and considering the facts and circumstances of the case, as well as the submissions made, it is clear that petitioner was not involved in case of kidnapping the victim as they were regularly in contact with each other and were having good relation. No witnesses were present at the time in the place of occurrence and no independent witness have supported the prosecution’s case. Considering the above facts and circumstances and the nature of the accusations, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, 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 Court of J.M.F.C, Palamau in connection with Nawabazar Police Station Case No. 84 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.) R.S./