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2026 DAILYLAW 10895 (JHR)

RAM MURMU v. THE STATE OF JHARKHAND

A.B.A./10/2026 · 2026-01-19

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:1323 ) -1- A.B.A. No. 10 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 10 of 2026 Ram Murmu, aged about 38 years, son of Late Stifan Murmu, resident of Hiranapur, Borbandh, P.O. & P.S. Barhait, District- Sahebganj … Petitioner -Versus- 1. The State of Jharkhand 2. Victim … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Agnivesh, Advocate For the State : Mr. Jitendra Pandey, A.P.P. ----- 02/19.01.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.488 of 2016, registered for the offence under Section 376 of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate, 1st Class, Sahibganj. 3. Learned counsel appearing for the petitioner submits that in a case, wherein the allegation under Section 376 of the Indian Penal Code is made and complaint case has been filed. He further submits that the learned Court on inquiry, has not been pleased to take cognizance and the complaint case was dropped. He next submits that thereafter, the complainant has moved in revision and the learned revisional Court has remanded the matter and, thereafter, the learned Court has been pleased to take cognizance. He also submits that earlier compromise was made, which has been brought on record by way of filing supplementary affidavit. 4. Learned counsel appearing for the State opposed the prayer and submits that the matter is arising out of the complaint case. ( 2026:JHHC:1323 ) -2- A.B.A. No. 10 of 2026 5. Considering that in the case like Section 376 of the Indian Penal Code, complaint case has been filed and the learned Court on inquiry has not found any case to take cognizance and the complaint case was dropped and the complainant moved before the revisional court by way of filing revision petition, in which, the learned revisional court has remanded the matter and, thereafter, the learned Court has been pleased to take cognizance and in the supplementary affidavit, compromise petition has been annexed which has occurred in presence of several villagers and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged 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 learned Judicial Magistrate, 1st Class, Sahibganj in connection with Complaint Case No.488 of 2016, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 19th January, 2026 Ajay/