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2025 DAILYLAW 9174 (JHR)

SONU PANDEY ALIAS DHIRAJ PANDEY@ SONU KUMAR DHIRAJ KUMAR v. THE STATE OF JHARKHAND

A.B.A./2083/2025 · 2025-03-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2083 of 2025 ------ Sonu Pandey @ Sonu Kumar @ Dheeraj Kumar @ Dhiraj Pandey, aged about 26 years, son of Birendra Roy, permanent resident of Village: Rampur, PO: Bhawanigarh Rampur, P.S: Govindpur, District-Nawada (Bihar) presently residing at Aazad Mohalla, By Pass Road, near Royal Enfield Showroom, P.O.: Jhumri Telaiya, P.S.: Telaiya, District-Koderma. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Xxxx, aged about xxxx, daughter of xxxx, resident of xxxx, P.O.: xxxx, P.S.:xxxx, District-xxxx .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ashim Kr. Sahani, Advocate For the State : Mr. Sanat Kr. Jha, Addl.P.P. ------ Order No.02 Dated- 28/03/2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1026 of 2022 instituted for the offences punishable under Section 493 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner established physical relationship with the complainant on the false promise of marriage and captured the act of physical relationship by making video but did not marry the complainant socially and subsequently married her in a temple by putting vermilion on her forehead and kept her for 7 days and later on deserted her. It is next submitted that the allegation against the petitioner is false. It is next submitted that no offence punishable under Section 493 of the Indian Penal Code is made out as there is no allegation against the petitioner of having caused complainant to believe, to be his lawfully married wife, by deceit. Drawing attention of this court towards para-13 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes not to annoy or disturb the complainant/ opposite party no.2 and also undertakes to co-operate with the trial of the case and to 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 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 CJM, Koderma in connection with Complaint Case No.1026 of 2022 with the condition that he will co-operate with the trial of the case and he will not annoy or disturb the complainant/opposite party no.2 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.) Abhiraj/