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2026 DAILYLAW 18711 (JHR)

MITHILESH KUMAR SAW ALIAS MITHU v. THE STATE OF JHARKHAND

A.B.A./2897/2026 · 2026-07-02

Sanjay Kumar Dwivedi

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Judgment text

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2026:JHHC:19321 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2897 of 2026 ------ Mithilesh Kumar Saw @ Mithu, aged about 40 years, son of Budhan Saw, resident of Village Malho, P.O. Rema, P.S. Hirodih, District Giridih (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. K.S. Nanda, Advocate Mr. Ayub Ansari, Advocate For the State : Ms. Bandana Sinha, A.P.P. For the Informant : Mr. Yogesh Modi, Advocate ------ 02/02.07.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Hirodih P.S. Case No. 29 of 2026, registered for the offence under Sections 64(1), 77, 329(4) and 351(2) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Judicial Magistrate, 1st Class, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and the serious allegations are made of creating the video and establishing physical relationship forcefully however, all these allegations are false and that is fortified in the light of the statement of the witnesses in paragraphs 51 and 52 of the case diary. He next submits that there are land dispute as the petitioner and the informant were intend to purchase the land which is adjacent to the house of the informant. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State and the informant jointly oppose the prayer and submit that the allegations are of creating the video and forcefully establishing physical relationship. 5. On query made by the court, learned counsel appearing for the State fairly submits that there is no medical report in the case diary. 6. In the FIR itself, it has been stated that the said occurrence is dated 14.02.2026, wherein the FIR has been lodged on 06.03.2026. 2026:JHHC:19321 Although the allegations are made of creating video and establishing relationship forcefully, however, in paragraphs 51 and 52 of the case diary, independent witnesses namely Reena Devi and Dilip Pandit respectively have stated about the land dispute and they have not stated anything about the video and they have only stated that they have heard about the said video only through Pinki Devi. In the case diary, there is no figure of any video and further there is no medical report, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the above-named petitioner is directed to surrender before the learned court within two 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 Judicial Magistrate, 1st Class, Giridih, in connection with Hirodih P.S. Case No. 29 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 02.07.2026 Anit Uploaded 03.07.2026