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2025 DAILYLAW 32447 (JHR)

MOHIT KUMAR v. THE STATE OF JHARKHAND

A.B.A./6200/2025 · 2025-10-29

Sanjay Kumar Dwivedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:32552] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6200 of 2025 Mohit Kumar, Aged about 24 years, S/o Dhaneshwar Saw, R/o Pandepura Kalan, P.O.-Kandaber, P.S.- Keradan, Hazaribagh, Jharkhand, Adhar No. 782977989060. ..... … Petitioner Versus 1. The State of Jharkhand. 2. Tannu Yadav, aged about 19 years, D/o Jagdish Sahu, R/o Thakur Gao, P.O. and P.S.-Ninjo, District- Ranchi, Jharkhand. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Rahul Dev, Advocate. For the State : Mrs. Mohua Palit, A.P.P. ------ 05/ 29.10.2025 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. 2. The petitioner is apprehending his arrest in connection with Thakurgaon P.S. Case No. 46 of 2025, registered for the offences under Sections 85/126(2), 115(2), 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of the informant and there is general and omnibus allegation against the petitioner of assault and demand of dowry against all the family members. He then submits that the petitioner has already instituted a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, which is numbered as O.S. No. 180 of 2025 dated 04.07.2025 at the Family Court, Hazaribagh and subsequently the present FIR has been lodged. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioner happened to be the husband of [2025:JHHC:32552] -2- the informant. 5. Considering that the petitioner has earlier instituted a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, which is numbered as O.S. No. 180 of 2025 dated 04.07.2025 at the Family Court, Hazaribagh and subsequently the present FIR has been lodged and there are general and omnibus allegations against all the family members including this petitioner, in that view of the matter the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-29.10.2025 Amitesh/-