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2026 DAILYLAW 1380 (JHR)

AJIT KUMAR MAHTO ALIAS AJIT KUMAR v. STATE OF JHARKHAND

B.A./12103/2025 · 2026-03-10

Gautam Kumar Choudhary

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Judgment text

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2026:JHHC:6247 IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 12103 of 2025 ----- Ajit Kumar Mahto @ Ajit Kumar, S/o Suresh Mahto, R/o Village- Dhauthwa, P.O. & P.S.-Katkamsandi, Dist.-Hazaribag … …. Petitioner Versus The State of Jharkhand … …. Opp. Party ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Md. Razaullah Ansari, Advocate For the State : Ms. Anuradha Sahay, A.P.P. ----- Oral Order 03 / Dated : 10.03.2026 Heard learned counsel for the parties. The petitioner named above has been made accused in connection with Katkamsandi P.S. Case No. 71 of 2024 for the offence registered under Sections 306 and 34 of the Indian Penal Code, pending in the court of Judicial Magistrate 1st Class, Hazaribag. As per the F.I.R., the deceased, aged 16 years, daughter of the informant, was kidnapped by this petitioner on 09.04.2024 and taken to Gujarat. Later on 18.04.2024, she was returned by the petitioner and other two co-accused persons stating that since the deceased was a minor, he will perform marriage after she attains 21 years of age. Thereafter the deceased committed suicide in her home. It is submitted by learned counsel for the petitioner that in order to make offence under Section 306 of the I.P.C. there should be some element of abetment on the part of the petitioner. As per the prosecution case, the victim girl had left her home at her own volition and went to Gujarat with this petitioner who honourably returned her back. The deceased had no grievance against the petitioner. Learned counsel for the State has opposed the prayer for bail and submitted that the consent of a minor in a charge of kidnapping is immaterial. Having considered the submissions advance on behalf of both sides, I find force in the argument on behalf of the petitioner to be persuasive 2026:JHHC:6247 2 enough for grant of bail. Under the circumstance, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Court below. (Gautam Kumar Choudhary, J.) AKT/Satendra Uploaded 11.03.2026