AJAY KUMAR MODI ALIAS AZAI KUMAR v. THE STATE OF JHARKHAND
A.B.A./6451/2024 · 2025-06-25
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26249 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26249 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:17022 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6451 of 2024 ------ Ajay Kumar Modi @ Azai Kumar, son of late Parmeshwar Modi, resident of village Jamdar, PO Jamdar, PS Gawan, District Giridih … … Petitioner(s) Versus 1.The State of Jharkhand. 2.Sulekha Kumari, D/o late Surendra Prasad, resident of village Manodih, PO Kubri, PS Dhanwar, District Giridih … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Prabhash Ch. Sinha, Advocate. For the State : Mr. Tarun Kumar, A.P.P. For the informant : Mr. Ram Lakhan Yadav, Advocate ----- 06/ 25.06.2025 Heard the parties.
2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 498A, 494, 323, 379, 34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Giridih in connection with Giridih (M) PS Case No. 13 of 2023.
3. The allegation against this petitioner is that he being the husband has tortured the wife and demanded dowry.
4. After hearing the parties and after going through the record, I find that the offences as per the FIR are punishable for a period of seven years or less.
5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail and submits that the petitioner has appeared before the police during investigation and furnished his written reply in defence.
6. Aforesaid submission suggests that the petitioner is cooperating in the investigation and appeared before the police.
7. Considering the aforesaid fact since the petitioner has complied with the notice under section 41A of the Cr.PC
2025:JHHC:17022 2
[section 35(3) of BNSS], I am of the opinion that there is no apprehension of the petitioner that he would be arrested.
8. The petitioner is directed to appear before the court concerned and the court concerned will pass an order taking into consideration the judgment passed by the Hon’ble Supreme Court in “Satender Kumar Antil vs. Central Bureau of Investigation and Another” reported in (2022) 10 SCC 51.
9. If the petitioner does not cooperate with the investigation the court concerned will be at liberty to take appropriate steps against this petitioner.
10. Accordingly, this anticipatory bail application is disposed of.
(ANANDA SEN, J.) Tanuj/Cp-3