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2025 DAILYLAW 4588 (JHR)

PANKAJ KUMAR v. THE STATE OF JHARKHAND

A.B.A./950/2025 · 2025-02-19

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.950 of 2025 ------ Pankaj Kumar, aged about 25 years, Son of Dinesh Pandit, Resident of Village-Dhankund, P.O.-Tarcha, P.S.-Dhankund, Dist.-Banka, Bihar .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Neha Kumari, w/o-Pankaj Kumar, D/o-August Pandit, resident of village-Dhankund, P.O.-Tarcha, P.S.-Dhankund, Dist.-Banka, Bihar, presently (Latest) residing of Village-Sarbhanga, Post- Sarbhanga (Mahagama), P.S.-Mahagama, Dist.-Godda .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Manoj Kr. Sah, Advocate For the State : Mr. Shailendra Kumar Tiwari, Addl.P.P For the O.P. No.2 : Mr. Lakhan Chandra Roy, Advocate ------ Order No.02 Dated- 19-02-2025 Heard the parties. Apprehending his arrest in connection with Mahagama P.S. Case No.33 of 2024 instituted for the offences punishable under Sections 498A and 313 of the I.P.C. and Section 3 and 4 of the Dowry Prohibition Act 1961, 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 opposite party No.2, treated her with cruelty in connection with demand of dowry and caused miscarriage of her child. It is submitted that the allegations against the petitioner are all false and general and omnibus in nature. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes to co-operate with the investigation 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 O.P. No.2 in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to cooperate with the investigation of the case and 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 Judicial Magistrate 1st Class, Godda, in connection with Mahagama P.S. Case No.33 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency 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.) Rohit/