FAGU MAHATO ALIAS FHAGU MAHATO v. THE STATE OF JHARKHAND
A.B.A./762/2025 · 2025-02-04
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4171 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4171 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.762 of 2025
------ Fagu Mahato @ Fhagu Mahato, aged about 39 years, son of Kashinath Mahato, resident of Rangatand, Post Nengtasai, Police Station Seraikella, District Seraikella Kharsawan.
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Priyanka Rani, wife of Fagu Mahato @ Fhagu Mahato, daughter of Govardhan Mahato, presently residing at Gumti Basti, Near Railway Over Bridge Road, Post Adityapur, Police Station Adityapur, District Seraikella Kharsawan, permanent resident of Indra Colony Road No.4, Adityapur P.O. + P.S. Adityapur, District Seraikella Kharsawan.
.... .... .... Opposite Parties
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Vikash Kumar, Advocate
For the State
: Mr. Shree Prakash Jha, Addl. P.P
------
Order No.02 Dated- 04-02-2025
Heard the parties.
Apprehending his arrest in connection with Complaint Case No.782 of 2023 instituted under Sections 498A, 323, 506 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant/opposite party No.2, treated her with cruelty. It is submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is next submitted that because of some marital discord, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes to co-operate with the trial of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife if and when she resumes conjugal life with him. It is next submitted that the petitioner undertakes that he will not annoy or disturb the
opposite party No.2 in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes 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 bail 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 C.J.M., Seraikella in connection with Complaint Case No.782 of 2023 with the condition that he will co-operate with the trial of the case and he will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife if and when she resumes conjugal life with him and he will not annoy or disturb her in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Animesh/