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2026 DAILYLAW 246 (JHR)

NIRAJ YADAV ALIAS NIRAJ KUMAR ALIAS NEERAJ KUMAR v. THE STATE OF JHARKHAND

A.B.A./23/2026 · 2026-01-08

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:394 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 23 of 2026 ---- Niraj Yadav @ Niraj Kumar @ Neeraj Kumar aged about 30 years son of Sri Shyamlal Yadav resident of D1, 1st Floor, Surbhi Enclave, Bardman Compound, PO Lalpur, PS Lalpur, District ranchi, permanent resident of Village Pitij, PO and PS Itkhori, District Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. P.P.N. Roy, Advocate For the State :- Mr. Rajnish Vardhan, Advocate ---- 5/08.01.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Itkhori PS Case No.135 of 2023, for offence registered under sections 313, 120(B) and 34 of the IPC, pending in court of learned A.C.J.M., Chatra. 3. Learned counsel for petitioner submits that the petitioner happened to be the husband of the informant. He next submits that prior to lodging of the present case, the informant has lodged 2026:JHHC:394 2 Balumath PS Case No.189 of 2022 for alleged offence under section 498A IPC and sections 3 and 4 of Dowry Prohibition Act in which the petitioner has been granted anticipatory bail in ABA No.52 of 2023 by the order dated 21.06.2023. He next submits that on the specific undertaking given by both the sides to stay in Ranchi in a rented house, the said anticipatory bail application was allowed. He then submits that the petitioner in the present case has not moved before this Court for anticipatory bail and false allegations are made in the present case of miscarriage of pregnancy of the informant. He next submits that in identical situation father-in-law and mother- in-law have been granted anticipatory bail by the coordinate Bench of this Court in ABA No.3108 of 2024 (as contained in Annexure-2). 4. Learned State counsel opposes prayer and submits that the allegations are there of miscarriage of pregnancy of the informant who happened to be wife of this petitioner. 5. Looking to the contents of the FIR, it transpires that there is no document relating to pregnancy and only the medical prescription has been annexed with the FIR which is with regard to cold, cough and fever and father-in-law and mother-in-law have been granted anticipatory bail by the coordinate Bench of this Court and in the earlier case filed by the informant under section 498A IPC the petitioner has been granted anticipatory bail in the case as aforesaid, and subsequently, the present case has been lodged 2026:JHHC:394 3 against the petitioner, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within four weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned A.C.J.M., Chatra, in connection with Itkhori PS Case No.135 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 08.01.2026 SI/