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2026 DAILYLAW 4227 (JHR)

A.K.S. v. THE STATE OF JHARKHAND

A.B.A./5840/2025 · 2026-01-27

Sanjay Kumar Dwivedi

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:1942 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.5840 of 2025 A.K.S. …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. Vishwanath Roy, Spl. PP For the Informant : Mr. Nilesh Kumar, Advocate ------ 6/27.01.2026 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State and informant. 2. The petitioner is apprehending his arrest in connection with Bokaro Mahila P.S. Case No. 09 of 2025, registered for the offences under Section 85, 115(2), 126, 352, 351 (2), 351(3), 75 & 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate, 1st Class, Bokaro. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of the informant and good relation was not being carried between the husband and the wife. In view of that the petitioner has filed the divorce case on 19/5/2025 being Original Suit (MTS) No.96 of 2025, in which notice has been issued upon the informant on 11/6/2025, which was served on 20/6/2025 thereafter the present case has been lodged on 23/6/2025 and all the family members have been made accused. He also submits that so far as the other family members are concerned, they have been granted anticipatory bail by the learned Sessions Judge. 4. Learned counsel appearing for the State and the informant have 2026:JHHC:1942 2 jointly opposed the prayer and submits that the allegations of torture are there against the petitioner. The learned counsel appearing for the informant further added that after the marriage, the informant was thrown out of matrimonial house and thereafter the compromise talk was going on and, in the meantime, the petitioner has lodged the divorce case. He also submits that the notice under section 35(3) of BNSS has not been complied by the petitioner. 5. In reply, the learned counsel appearing for the petitioner submits that the petitioner has replied the notice under section 35(3) of BNSS on 03/7/2025 and that has been stated in para 15 of the petition. 6. In view of above and considering that the petitioner happened to be the husband of the informant and the petitioner has filed divorce case 19/5/2025, notice in that case has been issued on 11/6/2025 which was served upon the informant on 20/6/2025 and thereafter the present case has been lodged against the petitioner. 7. 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 and sureties, the learned court may deem fit and proper. 8. This Anticipatory Bail Application is accordingly disposed of. (Sanjay Kumar Dwivedi, J.) 27.01.2026 R.Kumar