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2025 DAILYLAW 3776 (JHR)

CHHOTE LAL SAH v. THE STATE OF JHARKHAND

A.B.A./532/2025 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 532 of 2025 ------ Chhote Lal Sah, aged 34 years, S/o Late Kailash Sah, R/o Purvi Fatak, near Bari Kali Mandir, P.O.+P.S. –Jirwabari, Dist –Sahibganj (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Om Prakash, Advocate For the State : Mr. Fahal Allam, Addl. P.P. ------ Order No.02 Dated- 27.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jirwabari P.S. Case No.126 of 2024 registered under sections 126(2)/ 115/85/3(5) of the B.N.S., 2023 and under Section 4 of the D.P. Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant has treated her with cruelty in connection of demand of dowry. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready and willing to resume conjugal life with the informant as and when she is ready and willing to resume conjugal life with the petitioner. It is then submitted that because of marital discord between the parties, this false case has been foisted. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Jirwabari P.S. Case No.126 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not annoy or disturb the informant in any manner during the pendency of the case and will keep and maintain the informant with full dignity and honour as his lawful wife, as and when the informant becomes ready and willing to resume conjugal life and subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-