2025:JHHC:12545 -: 1 :- A.B.A. No. 1432 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1432 of 2024 Shankar Kumar @ Shankar Kumar Kushwaha s/o Ramlakhan Dangi @ Ramlakhan Kushwaha, resident of village Karni, PO PS Itkhori, District Chatra, State Jharkhand. … Petitioner -versus- The State of Jharkhand … Opposite Party CORAM : SRI ANANDA SEN, J. For the Petitioner : Ms. Anshu Kumari, Advocate Mr. Agnivesh, Advocate Mr. Shashikant Jaiswal, Advocate Ms. Aparna Sharma, Advocate For the Opp. Party: Mr. Gautam Rakesh, A.P.P. Mr. Manish Yadav, Advocate 7/ 22.04.2025 Heard learned counsel for the petitioners and learned A.P.P. for the State as also learned counsel for the informant. 2. Through this anticipatory bail application, the petitioner, apprehending his arrest in connection with Itkhori Police Station Case No.85 of 2022 for allegedly committing offences under Sections 366, 369, 372, 373 of the Indian Penal Code, pending in the Court of the Additional Chief Judicial Magistrate, Chatra, has prayed for grant of anticipatory bail. 3. Learned counsel for the petitioner submits that the petitioner is absolutely innocent and has been falsely implicated by the informant. He submits that the allegation of the informant is absolutely absurd inasmuch as wife of the informant is aged about 41 years, daughter is 20 years and son is 17 years and people with such age are highly unbelievable to be abducted by anyone on any allurement or assurance. It is equally unbelievable that anything wrong can be done to them. 4. Learned A.P.P. appearing for the State opposed the prayer for anticipatory bail of the petitioner. 5. Initially a complaint case was instituted by the informant alleging that the petitioner on 11.05.2022 midnight at 12 O’ Clock, took wife of the informant Manju Devi and two children with an intention to marry the wife of the informant and to sell the children to someone. Complainant/informant further alleged that on search and enquiry, it transpired that the petitioner has wrongfully taken the wife of the informant and two children under allurement from Patharia to Andheri M.I.D.C. He has further alleged that the petitioner has also threatening to kill him (complainant) and will get his dead body thrown so that even his body is not traceable. The said complaint petition, on being referred in terms of Section 1563(3) of the Code of Criminal Procedure, Itkhori 2025:JHHC:12545 -: 2 :- A.B.A. No. 1432 of 2024 Police Station Case No.85 of 2022 was registered for offences under Sections 366, 369, 372, 373 of the Indian Penal Code wherein the petitioner is a named accused. 6. In course of investigation, the police had visited Mumbai and had also recorded statements of Manju Devi and her neighbours, which are at paragraphs 50 to 55 of the Case Diary, wherein Manju Devi has specifically denied that she has been brought by the petitioner under any allurement or pressure and she has no relationship with the petitioner. Similarly, the other neighbours, whose statements were recorded by the police in course of investigation have also not stated anything against the petitioner. She has also stated that she is residing with her children at Mumbai in the house purchased by the complainant/informant and the complainant/informant had left Mumbai for his village in 2022 and thereafter he is not residing at Mumbai. The neighbours of Manju Devi, whose statements were also recorded by the police, have also stated in the similar manner and no one has stated anything against the petitioner. In course of investigation, the police had also recorded the statements of father and mother of the complainant/informant, who have stated that there was love affair between the petitioner and wife of the complainant/ informant. 7. Considering the nature of allegations, as also the materials collected in course of investigation and also taking into consideration the age of the petitioner and the wife of the complainant, I am inclined to grant anticipatory bail to the petitioner. The petitioner, named above, is directed to surrender before the Court below within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Chatra in connection with Itkhori Police Station Case No.85 of 2022, subject to the condition that one of the bailers of the petitioner should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 10. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03