Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 7864 (JHR)

KANHAIYA MANDAL v. THE STATE OF JHARKHAND

A.B.A./2128/2025 · 2025-04-02

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[ 2025:JHHC:10105 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 2128 of 2025 Kanhaiya Mandal, aged about-31 year Son of Lakhi Mandal, Resident of Minabazar, P.O. Maharajpur, P.S. Taljhari, District- Sahibganj. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Gautam Kumar , Adv. For the State : Ms. Vandana Bharti, Addl.PP For the informant : Mr. Deepak Sahu, Adv. 02 / 02.04.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Taljhari P.S. Case No. 06 of 2025 registered under Sections 376, 313 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim and caused mis- carriage of her child without her consent. It is then submitted that the allegations against the petitioner are all false and there was long standing physical relationship between the petitioner and the victim with her consent upon the victim getting her entangled in the web of love. It is next submitted that there is no allegation against the petitioner that the petitioner was not having any intention to marry at the time of her establishing physical relationship with the promise of marriage. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or disturb the informant or her family members in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 25,000/- as cash security 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 JMFC, Rajmahal in connection with Taljhari P.S. Case No. 06 of 2025 subject to the condition that the petitioner will not annoy or disturb the informant or her family members in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-