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2025 DAILYLAW 5937 (JHR)

MADAN PRAMANIK ALIAS MADAN BARIK ALIAS MADAN MOHAN BARIK v. THE STATE OF JHARKHAND

A.B.A./1389/2025 · 2025-03-03

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1389 of 2025 ------ Madan Pramanik @ Madan Barik @ Madan Mohan Barik, aged about 35 years, Son of Prafulla Chandra Barik, Resident of Village –Khuntapada, Gobardhan, P.O. –Kendujhar, P.S. Kendujhar, District –Kendujhar (Odisha) … Petitioner Versus 1. The State of Jharkhand 2. Victim/Informant … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Sunil Kr. Dubey, Addl. P.P. For the O.P. No.2 : Ms. Savita Kumari, Advocate ------ Order No.02 Dated- 03.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sonua P.S. Case No.45 of 2024 registered for the offences punishable under sections 64(2)(K) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim. It is further submitted that the allegations against the petitioner are all false. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the matter has been settled between the parties and the petitioner has solemnized marriage with the victim and in this respect, the learned counsel for the petitioner and the learned counsel for the opposite party no.2 draws the attention of this Court to the copy of the certified copy of the marriage certificate issued by the Marriage Officer, Chakradharpur. It is further submitted that the victim does not want to proceed with the case. 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 victim 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.10,000/- 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 A.C.J.M., West Singhbhum, Chakradharpur, Chaibasa, in connection with Sonua P.S. Case No.45 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 victim in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-