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2026 DAILYLAW 17149 (JHR)

XXXX v. STATE OF JHARKHAND

B.A./3941/2026 · 2026-06-17

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:17546 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3941 of 2026 xxxxxxxx. … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Kripta Shankar Nanda, Advocate For the Informant : Mr. Kumar Nishant, Advocate For the State : Mrs. Bandana Sinha, APP --- 05/17.06.2026 Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2026 in connection with S.T. Case No.230/2022, arising out of Jari P.S. Case No.01/2022, registered under Sections 376(2) (n) of I.P.C., now pending in the court of learned Additional Sessions Judge – I – cum – Special Judge, Gumla. 3. The learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2026 in connection with the case registered in the year 2022. He further submits that charge sheet was submitted under Section 376 (2) (n) of Indian Penal Code and the allegation of the victim was that the petitioner had committed rape upon her in false assurance of marriage. 4. He submits that the interim bail was till 23.07.2022 so that the petitioner could solemnize marriage with the victim and marriage was solemnized on 26.04.2022. However, the victim insisted that there should also be a social marriage. A date was also fixed for social marriage in January 2023 but the family members of the victim were not ready for social marriage and ultimately the petitioner surrendered on 08.04.2026. In the meantime, his interim bail was not extended and he was directed to surrender. The order was challenged before this Court by filing Cr.M.P and ultimately Cr.M.P was withdrawn on 07.04.2026 and the petitioner surrendered on 08.04.2026. 5. So far as the maintenance is concerned, though an order has been passed for giving maintenance to the victim to the extent of 2026:JHHC:17546 2 Rs.8,000/- per month, however, an affidavit has been filed before this Court that the petitioner is not in a position to give maintenance to his wife at present. 6. The learned counsel for the informant and the State have opposed the prayer for bail and submitted that the petitioner has committed offence and has remained absconder and the process under Section 82 was also issued against the petitioner. Non-bailable warrant of arrest was issued on 20.06.2025. 7. After hearing the learned counsel for the parties and considering the seriousness of allegation against the petitioner and the fact that though interim bail was granted to the petitioner till 23.07.2022 for solemnization of marriage and the petitioner also solemnized marriage but he did not surrender before the court and ultimately his bail bond was cancelled, this Court is not inclined to enlarge the petitioner on bail. Accordingly, this bail application is rejected. 8. However, the petitioner may renew his prayer for bail after 6 months. 9. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:17.06.2026 Saurav Date of Uploading:19.06.2026