2025:JHHC:37954 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ----- A.B.A. No. 7259 of 2025 ---- Ashish Kumar Mandal, aged about 38 years son of Golok Bihari Mandal, resident of Quarter No.2165, Sector 6A, Bokaro Steel City, PO and PS Sector 6, District Bokaro .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. R.S. Mazumdar,Sr. Advocate For the State :- Mr. Shailedh Kr Sinha, Advocate For the Informant :- Mr. Baibhaw Gahlout, Advocate ---- 2/17.12.2025 Heard learned counsels for petitioner and for State and for the informant. 2. The petitioner is apprehending his arrest in connection with Harla P.S. Case No.94 of 2025, for offence registered under section 376(2)(f), 376(2)(m), 504, 506 and 34 of BNS, 2023 , pending in court of learned Judicial Magistrate, First Class, Bokaro. 3. Learned counsel for petitioner submits that complaint case has been registered under section 376 of the IPC which was sent by the learned court for registration of the FIR and pursuant to the FIR has been registered and it was investigated and police has submitted final form and the petitioner has not been sent up for trial on the ground of lack of evidence. 2025:JHHC:37954 2 He further submits that however the learned court differing with the final form has been pleased to take cognizance against the petitioner. He then submits that the petitioner and the informant were in relationship since 2021, however, based on the allegation of 2021, the complaint case has been lodged and the allegation is made that in the year 2021, the informant has come to know that the petitioner has solemnized marriage with another lady and thereafter he has again come and established the relationship with the informant. On these grounds, the learned counsel for the petitioner submits that the petitioner may kindly be granted anticipatory bail. 4. Learned State counsel as well as the learned counsel for the informant jointly oppose the prayer and submit that on the pretext of marriage, the relationship was established and the anticipatory bail may kindly be rejected. 5. It is an admitted position that police has investigated the matter and submitted final form saying lack of evidence, however, the learned court differing with the final form has taken cognizance. There is no doubt that the learned court is having that power of taking cognizance differing with the final form but condition precedent is to give reason in the order taking cognizance. In the complaint petition in paragraph no.2 it has been stated that the relationship was between the petitioner and the informant from 2013 and it was continued, however, in the next paragraph it is alleged that the petitioner has solemnized the marriage with another lady and thereafter again he came back to the informant and established the relationship. It is also stated that divorce was not obtained by that time by the petitioner and both are major, and in the facts and circumstances of the present case, I am 2025:JHHC:37954 3 inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate, First Class, Bokaro, in connection with Harla P.S. Case No.94 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 17.12.2025 SI/