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2025 DAILYLAW 26993 (JHR)

AMIT KUMAR HEMBROM v. THE STATE OF JHARKHAND

A.B.A./7369/2024 · 2025-07-17

Sri Ananda Sen

Public Interest Litigationbody2025

Judgment text

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2025:JHHC:19525 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7369 of 2024 ------ Amit Kumar Hembrom, S/o Bijud Hembrom, R/o Gram Chandih, P.O. & P.S. Dumka, District Dumka. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Prem Mardi, Advocate For the State : Mr. F. Allam, A.P.P. Mr. Vikash Kumar Mehta, Advocate ----- 06/ 17.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest, for offences under Section 376(D) IPC and Section 6 of the POCSO Act. 3. Earlier, the Anticipatory Bail Application of the petitioner was dismissed as withdrawn vide order dated 20.06.2024 passed in A.B.A. No.2415 of 2024. 4. The petitioner has again moved before this Court. Though this is a second attempt of the petitioner seeking anticipatory bail but it is on a changed circumstance. 5. Learned counsel representing the petitioner submits that the petitioner has solemnized marriage with the victim as per rites and customs and they are residing happily. 6. Learned A.P.P. representing the State and learned counsel representing the informant admits the aforesaid fact. 7. Considering the submission of the petitioner and the informant that they have solemnized marriage, I am inclined to 2025:JHHC:19525 allow this application. 8. 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 Additional Sessions Judge-I-cum-Special Judge, Dumka, in connection with Dumka Mufassil P.S. Case No.155 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. 9. Both the parties will appear once in every three months before the DLSA, Dumka, who will monitor their relationship at least for one year and will submit a report periodically to the concerned Court. After one year, based on the report, the Trial Court can modify or waive this condition. (ANANDA SEN, J.) Prashant. Cp-3