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2026 DAILYLAW 10160 (JHR)

XXXX v. THE STATE OF JHARKHAND

B.A./11501/2025 · 2026-01-20

Gautam Kumar Choudhary

body2026

Judgment text

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2026:JHHC:1474 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11501 of 2025 ------ …………….. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Ms. Amrita Kumari, A.P.P. ------ Order No.02 / Dated : 20.01.2026 Bail petition filed on behalf of the petitioner, who is in custody since 10.03.2025 in connection with Hansdiha P.S. Case No. 114 of 2024 corresponding to G.R. No. 273 of 2025 for the offence registered under Sections 376, 498(A), 379, 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, pending in the Court of learned Chief Judicial Magistrate, Dumka, is pressed into motion. It is submitted by the learned counsel on behalf of petitioner that the offence under Section 376 of the IPC will not be made out as the petitioner and the prosecutrix are husband and wife as per the FIR. It is further submitted that general and omnibus allegation has been levelled. It was a case of love marriage therefore; there was no question of any unlawful dowry demand in connection with the said marriage. Due to marital dispute, the petitioner has been falsely implicated in the case. Learned A.P.P. has vehemently opposed the bail petition. It is submitted that the marriage was a consequence of the rape allegedly committed by the petitioner upon the victim girl, and that there are direct and specific allegations against him of subjecting her to cruelty. The allegation of rape does not inspire much confidence as it took place eight years before the institution of the case. General and omnibus allegations have been levelled with regard to cruelty which is not substantiated by any injury report. Under the circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below. (Gautam Kumar Choudhary, J.) Anit Uploaded 21.01.2026