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2026 DAILYLAW 13488 (JHR)

XXX v. THE STATE OF JHARKHAND

A.B.A./579/2026 · 2026-05-11

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:14193] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 579 of 2026 xxxxxxxxx ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Shubham Mishra, Advocate. For the State : Mr. Vijoy Kumar Sinha, A.P.P. For the Informant : Ms. Priya Saw, Advocate. ------ 03/ 11.05.2026 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel appearing for the informant. 2. The petitioner is apprehending his arrest in connection with Garhwa P.S. Case No. 453 of 2025, registered for the offence under Sections 85, 115(2), 352, 74, 75 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Garhwa. 3. Learned counsel appearing for the petitioner submits that the petitioner is the husband of the informant and false allegations are made of making torture and demand of dowry. He next submits that the entire family members have been made accused in the case, however, now the police has not submitted final form against all the family members and only being the husband of the informant, the petitioner has been charge-sheeted. He further submits that the allegations are made in the FIR against the elder brother of this petitioner was creating obscene video, however, he has also been exonerated by the police. He also submits that the independent witnesses in paras-48 and 49 of the case diary, have clearly stated that the informant was not ready to reside in the matrimonial house. On these grounds, he submits that false allegations are made against all and the privilege of anticipatory bail may kindly be provided to the petitioner. [2026:JHHC:14193] -2- 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioner is the husband of the informant and chargesheet has been submitted against the petitioner, however, on query, learned A.P.P. fairly submits that the independent witnesses in paras-48 and 49 of the case diary have not supported the prosecution case. 5. Learned counsel appearing for the informant has also opposed the prayer and submits that the petitioner is the husband of the informant and allegations are there and in view of that anticipatory bail may not be provided to the petitioner. 6. Considering that the police has submitted final form in favour of all the family members, however, the petitioner has been charge-sheeted only being the husband of the informant and further in paras-48 and 49 of the case diary, the independent witnesses have not supported the prosecution case and it has also come that the informant was not willing to reside in the matrimonial house and in the attending facts and circumstances of the case, I am inclined to provide anticipatory bail to the petitioner. 7. 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 Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case No. 453 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-11.05.2026 Amitesh/-