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2026 DAILYLAW 1456 (JHR)

NITISH KUMAR GUPTA @ NITESH PRASAD GUPTA @ NITESH KUMAR v. STATE OF JHARKHAND

A.B.A./7478/2025 · 2026-01-05

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:7 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 7478 of 2025 Nitish Kumar Gupta @ Nitesh Prasad Gupta @ Nitesh Kumar, aged about 22 years, son of Bigan Prasad Gupta, resident of village-Pathariya, P.O. Banka, P.s. Meral and District-Garhwa, ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Apurv Krishna, Advocate For the State : Mr. Fahad Allam, A.P.P. 02/ 05.01.2026: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Manjhiaon P.S. Case No. 68 of 2025 registered under sections 137(2), 87 of BNS, 2023, pending in the Court of learned Additional Chief Judicial Magistrate, Garhwa. 3. Learned counsel for the petitioner submits that false allegation is made against the petitioner and now girl has been recovered and she is residing with her parents. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that the girl is minor aged about 16 years and even in her statement under section 183 of BNSS, 2023, she has stated that petitioner has established physical relationship with her that is part of case diary and case diary has been received by him. 5. In course of argument, case diary has been produced by the learned counsel for the State. From perusal of case diary it transpires that petitioner has taken the girl to Delhi and the girl has stated that she was kept at Delhi for 15 days. The girl has further stated that the petitioner has ( 2026:JHHC:7 ) established physical relationship with her. Further the girl is minor aged about 16 years. 6. In the attending facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is hereby rejected. Dt.05.01.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-