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2025 DAILYLAW 24989 (JHR)

JITENDRA NAYAK v. THE STATE OF JHARKHAND

A.B.A./5375/2025 · 2025-09-16

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:28329 --1-- A.B.A. No. 5375 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5375 of 2025 ---- Jitendra Nayak, aged 37 years, son of Gunnu Nayak @ Gunnu Ghasi, resident of village – Nawadih, PO and PS – Barlanga, District - Ramgarh .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Sonal Pandey, Advocate For the State :- Mr. Rakesh Ranjan, Advocate ---- 02/16.09.2025 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 Mandu (Kujju) P.S. Case No.103 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 118(2), 109(1), 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned A.C.J.M., Ramgarh. 3. Learned counsel appearing for the petitioner submits that the petitioner is the husband and the dispute is there between the husband and wife and the FIR has been lodged by wife. She submits that the matter was also sent for mediation by learned Sessions Judge and in the mediation, it has come that both the parties do not want to live together and they want to be separated and only considering that aspect of the matter the learned Court 2025:JHHC:28329 --2-- A.B.A. No. 5375 of 2025 has been pleased to reject the anticipatory bail application. 4. Learned counsel appearing for the State opposes the prayer and submits that the dispute is there between the husband and wife. 5. Considering that the petitioner is the husband and the learned Court has only rejected the petition on the ground that the mediation has failed and both the parties is not ready to reside together. 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 A.C.J.M., Ramgarh in connection with Mandu (Kujju) P.S. Case No.103 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 16.09.2025 Sangam/