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High Court of Jharkhand · body

2026 DAILYLAW 23157 (JHR)

XXX v. THE STATE OF JHARKHAND

A.B.A./4654/2026 · 2026-08-14

Sanjay Kumar Dwivedi

Original Suitbody2026

Judgment text

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[ 2026:JHHC:24572] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4654 of 2026 Xxxx ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Diwakar Jha, Advocate. For the State : Mr. S.K. Keshri, A.P.P. ------ 05/ 14.08.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Telaiya P.S. Case No. 349 of 2025, registered for the offence under Sections 74/85/115(2)/109(1)/126(2)/127(2)/318(4)/3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of D.P. Act, pending in the court of learned Additional Chief Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of the informant and the informant voluntarily left the house of the petitioner and started residing along with her parents. He next submits that the petitioner has instituted a case for restitution of conjugal life by way of filing Original Suit No. 80 of 2025 under Section 9 of the Hindu Marriage Act in the court of Family Judge, Koderma. He further submits that the said informant has put her appearance in that case on 12.06.2025 and thereafter the present FIR has been lodged on 16.11.2025. He also submits that there are general and omnibus allegations against this petitioner. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioner. 4. Learned A.P.P. appearing for the State has opposed the [ 2026:JHHC:24572] -2- prayer and submits that the petitioner happened to be the husband of the informant. On this ground, he submits that anticipatory bail may kindly be rejected. 5. The petitioner has earlier instituted a case for restitution of conjugal life by way of filing Original Suit No. 80 of 2025 under Section 9 of the Hindu Marriage Act in the court of Family Judge, Koderma and the informant has put her appearance in that case on 12.06.2025 and thereafter the present FIR has been lodged on 16.11.2025 against the petitioner, who happened to be the husband and in that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-14.08.2026 Amitesh/-