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2026 DAILYLAW 22211 (JHR)

KAPIL KUMAR v. THE STATE OF JHARKHAND

A.B.A./4226/2026 · 2026-07-30

Sanjay Kumar Dwivedi

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:22547 --1-- A.B.A. No. 4226 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4226 of 2026 ---- Kapil Kumar, age about 35 years, S/o Vijay Jayswal, R/o Village – Chainpur, PO and PS – Chainpur, District – Gumla, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mrs. Ritu Kumar, Advocate For the State :- Mrs. Amrita Kumari, Advocate ---- 02/30.07.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Chainpur P.S. Case No.24 of 2026, for the alleged offences registered under Sections 69, 88, 117(2), 351(2) and 61(2) of Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of Protection of Children from Sexual Offences and Section 3(1)(r)(s) of SC/ST Act pending in the Court of learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge- IV, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and in the FIR itself it has been stated that since 2011 the petitioner and the informant were in relationship. She further submits that even both were residing together in a house. She then submits that what has happened that was consensual in nature and false allegations are made of establishing relationship on the pretext of marriage. On these grounds, she submits that anticipatory 2026:JHHC:22547 --2-- A.B.A. No. 4226 of 2026 bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that allegations are there of establishing relationship on the pretext of false marriage. 5. On perusal of the FIR, it transpires that in the FIR itself the informant has stated that there is a relationship since 2011 and they were also residing in a house and the FIR has been lodged on 24.06.2026. Prima facie, it appears that what has happened that was consensual in nature. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall 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 Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla in connection with Chainpur P.S. Case No.24 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 30.07.2026 Sangam/