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2025 DAILYLAW 27015 (JHR)

AJIT KUMAR v. THE STATE OF JHARKHAND

A.B.A./6743/2024 · 2025-06-16

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:15680 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6743 of 2024 ------ Ajit Kumar, S/o Suresh Prasad Sah, residing at Mundichak, N.C. Chatterjee Road, Near Dr. Anupama Sahay, Mundichak Jagadishpur, Post Office Badi, Police Station Tilka Manjhi, District Bhagalpur, Bihar-812001. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shiv Prasad, Advocate For the State : Mr. Suraj Deo Munda, A.P.P. ----- 04/ 16.06.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 417, 376, 313 and 379 IPC. 3. Learned counsel representing the petitioner submits that there is no material to suggest that any miscarriage was caused and he further submits that because of failed business dealing, this false case has been lodged. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 5. It is alleged that the informant who is definitely a major, came in contact with this petitioner. They started business together and there was some love affair between them. It is alleged that on 20.01.2020, the petitioner had taken a rented house and taken the informant where they have entered into physical relationship. It is alleged that thereafter also the informant was sexually harassed and it is alleged that her pregnancy was terminated. An application was filed before the Marriage Registrar, under the Special Marriage Act. It is alleged that thereafter by assaulting the informant and taking Rs.20,000/-, the petitioner fled from Jamshedpur. 6. From the materials on record, I find that the offence, if any, at all, had taken place two years prior to registration of the F.I.R. Further, the parties are major. There was business 2025:JHHC:15680 2 relationship between the parties, which is admitted by the informant, which is apparent from the F.I.R. itself. 7. Considering the nature of allegation and the fact that the parties are major and there were business dealings between the parties, false implication for settling of the dues cannot be ruled out, I am inclined to allow this anticipatory bail 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) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Jamshedpur, in connection with Kadma P.S. Case No.83 of 2022, 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.) Prashant. Cp-3