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2025 DAILYLAW 30997 (JHR)

UTTAM KUMAR RAJAK v. THE STATE OF JHARKHAND

A.B.A./41/2025 · 2025-01-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.41 of 2025 ------ Uttam Kumar Rajak, aged about 34 years, son of Shishuram Rajak, resident of Village Badmara, Rani Pokhar, P.O. Badmara, P.S. Harla, District Bokaro (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avilash Kumar, Advocate For the State : Mr. Sudhir Kumar Mahto, Addl.P.P ------ Order No.02 Dated-20-01-2025 Heard the parties. Apprehending his arrest in connection with B.S. City (Mahila) P.S. Case No.16 of 2024 instituted under Sections 85/115(2)/117(2)/352/351(2)/ 351(3)/3(5) of the B.N.S., 2023 and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons treated the informant with cruelty in connection with demand of Rs.1,00,000/- and a Motorcycle. It is submitted that the allegation against the petitioner is all false and general and omnibus in nature. It is next submitted that the petitioner has filed a petition under Section 9 of the Hindu Marriage Act before the Family Court, Bokaro vide O.M.C. No.492 of 2024. It is also submitted that the real bone of contention between the petitioner and the informant is that the informant wants the petitioner to get separated from his parents to which the petitioner is not agreeable. Drawing attention of this court towards para-13 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security and to keep and maintain the informant with full honour and dignity as his lawful wife if and when she resumes conjugal life with him. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State oppposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on depositing Rs.25,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City (Mahila) P.S. Case No.16 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will keep and maintain the informant with full honour and dignity as his lawful wife if and when she resumes conjugal life with him and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/