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2025 DAILYLAW 4298 (JHR)

BIJAY KUMAR MAHTO ALIAS VIJAY KUMAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./1003/2025 · 2025-02-14

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 1003 of 2025 ------ Bijay Kumar Mahto @ Vijay Kumar Mahto, aged about 30 years, s/o Vishwanath Mahto, r/o vill. Saraiyaghat, PO+PS Mahagama, Dist. Godda .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Namita Kumari, w/o Bijay Kumar Mahto @ Vijay Kumar Mahto, d/o Basudeo Mahto, permanent r/o vill. Saraiyaghat, PO+PS Mahagama, Dist. Godda, presently residing at vill. Paraspani PO+PS Godda (Muffasil), Dist. Godda.... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : M/s. Ranjit Kumar & Arya Suman,Advocate For the State : Mr. Anup Pawan Topno, Adl.P.P For O.P No.2 : Ms. Indu Shekhar Gupta, Advocate Order No.02 Dated- 14-02-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1098 of 2023, corresponding to T.R. No.1811 of 2024, instituted under Sections 341, 323/ 498A/307/504/506/379 of the IPC and Section ¾ of D.P Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Both the parties i.e petitioner and opposite party no.2 have appeared physically before this Court. Learned counsel for the petitioner submits that the both the parties are ready to resume conjugal life with each other. Learned counsel for the petitioner submits that the petitioner has not solemnized marriage with any lady other than opposite party no.2. It is agreed to between the parties that both the petitioner and opposite party No.2 will appear before the trial court on 18.03.2025 and on that date the petitioner will take the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife and will not have any relationship with any lady other than opposite party no.2. Learned counsel for the petitioner lastly submits that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. 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 on 18.03.2025 and in case the petitioner appears and surrenders before the learned trial court on 18.03.2025, he will be enlarged on bail on taking the opposite party no.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Godda in connection with Complaint Case No.1098 of 2023, corresponding to T.R. No.1811 of 2024 with the condition that he will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In case the opposite party No.2 does not appear before the learned court below on 18.03.2025 or refuses to resume conjugal life with the petitioner, still the petitioner will be enlarged on bail on 18.03.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Godda in connection with Complaint Case No.1098 of 2023, corresponding to T.R. No.1811 of 2024 with the condition that he will co-operate with the trial of the case with further condition that he will resume conjugal life with the opposite party No.2 as and when the opposite party No.2 joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. . (Anil Kumar Choudhary, J.) Anjali/