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2026 DAILYLAW 1235 (JHR)

DASHRATH BESRA @ DASRATH BESRA v. STATE OF JHARKHAND

A.B.A./996/2026 · 2026-03-09

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:6051 --1-- A.B.A. No. 996 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 996 of 2026 ---- 1. Dashrath Besra @ Dasrath Besra, aged about 32 years, son of Jagdish Besra @ Jagdish Manjhi 2. Sahadari Devi @ Sahodari Devi, aged about 49 years, wife of Jagdish Besra @ Jagdish Manjhi Both are resident of village – Baruwatand, PO – Tupkadih, PS – Balidih, District - Bokaro .... Petitioners -- Versus -- 1. The State of Jharkhand 2. Solma Marandi @ Solma Kumari Marandi, aged about 21 years, wife of Dashrath Besra @ Dasrath Besra, daughter of Abhiram Marandi, permanent resident of Kanari, Tola – Baruwatand, PO – Tupkadih, PS – Balidih, District – Bokaro, presently residing at village – Tengikudar, Tola – Jaratand, PO and PS – Jaridih, District – Bokaro .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Agnivesh, Advocate For the State :- Mr. Sardhu Mahto, Advocate For the Complainant :- Mr. Santosh Kumar, Advocate ---- 02/09.03.2026 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the Complainant. 2. The petitioners are apprehending their arrest in connection with Complaint Case No.912 of 2024 for the alleged offences registered under Section 85 of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Additional Chief Judicial Magistrate, Bermo at Tenughat. 2026:JHHC:6051 --2-- A.B.A. No. 996 of 2026 3. Learned counsel appearing for the petitioners submits that the matter is arising out of a complaint case filed by the wife of petitioner No.1 and the case has been registered under Section 85 of Bharatiya Nyaya Sanhita, 2023. He further submits that divorce has taken place between the petitioner No.1 and the complainant. He then submits that there are general and omnibus allegation against the petitioners. He next submits that the petitioner No.2 happened to be mother-in- law of the complainant. 4. Learned counsel appearing for the State and the complainant jointly opposed the prayer and submits that the allegations of torture are there. 5. Considering that the petitioner No.1 is the husband of the complainant and petitioner No.2 is the mother-in-law of the complainant and there are general and omnibus allegation against the petitioners and it has been pointed out that divorce has taken place between the petitioner No.1 and complainant, however, that is being denied by learned counsel appearing for the complainant and in that view of the matter the petitioners are directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 09.03.2026 Sangam/