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2025 DAILYLAW 40264 (JHR)

SAMIR KUMAR DAS ALIAS BAPI DAS v. THE STATE OF JHARKHAND

A.B.A./7255/2025 · 2025-12-17

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:37951 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 7255 of 2025 ---- Samir Kumar Das @ Bapi Das aged about 50 years son of Dinbandhu Das, resident of Village Patamda PO and PS Patamda Dist. East Singhbhum, Jharkhand 832105 .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Abhishek Choudhary, Advocate For the State :- Mr. Prafull Jojo, Advocate ---- 2/17.12.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Mango (Olidih) PS. Case No.261 of 2025, for offence registered under section 69, 351, and 352 of BNS, 2023, pending in court of learned Judicial Magistrate First Class, Jamshedpur. 3. Learned counsel for petitioner submits that the matter is arising out of Complaint Case which has been converted into FIR. He further submits that the allegation against the petitioner is made of having physical relationship with the informant since 5.2.2014 however the complaint case was lodged on 16.5.2025. He further submits that even the allegation is not there of physical relationship on the pretext of marriage. He then submits that complainant is already married and the allegations are made of establishing relationship. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioner. 4. Learned State counsel opposes prayer and submits that allegation of establishing relationship is there. 2025:JHHC:37951 2 5. A married lady has complained of having relationship with the petitioner and that relationship was with effect from 5.2.2024 whereas complaint was lodged on 16.05.2025 which has been converted into FIR and that relationship was continued in terms of the complaint itself, and in the attending facts and circumstances of the present case, I am 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, Jamshedpur, in connection with Mango (Olidih) PS. Case No.261 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/