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2026 DAILYLAW 5655 (JHR)

UTTAM KUMAR MAHATO v. THE STATE OF JHARKHAND

A.B.A./1407/2026 · 2026-04-08

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:10146 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 1407 of 2026 ---- Uttam Kumar Mahato, aged about 20 years, son of Madhab Chandra Mahato, resident of Village-Parasiri, PO Bahara, PS Para, District Puruliya, West Bengal .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajiv Kumar Karan, Advocate For the State :- Mr. Sushma Aind, Advocate ---- 2/08.04.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with B.S. City PS Case No.130 of 2024 corresponding to GR Case no.996 of 2024, for offence registered under section 376, 323, 504, 506/34 of Indian Penal Code, pending in court of learned Judicial Magistrate First Class, Bokaro. 3. Learned counsel for the petitioner submits that the petitioner has earlier moved in ABA No.6395 of 2025 which has been dismissed as having been rendered infructuous on the submission made by the learned A.P.P that she had received the instruction from the Investigating Officer that the final form has been submitted in favour of the petitioner showing lack of evidence. He next submits, however, other co-accused has been exonerated and in view of that, this ABA application has been filed. He next submits that the complaint case has been lodged against the 2026:JHHC:10146 2 petitioner alleging that on the false pretext of marriage, the relationship was established. He then submits that in the complaint petition itself it has been stated that five years prior to lodging of the complaint case, the relationship was established whereas the complaint case has been lodged on 06.06.2024. 4. Learned State counsel opposes prayer and submits that allegations are there of establishing relationship on the pretext of marriage. 5. In the complaint petition it has been disclosed that five years prior to lodging of the complaint case the relationship was established, whereas the complaint case has been lodged on 06.06.2024 and the learned court has converted the complaint into the FIR, and in that view of the matter, the petitioner, above named, is, hereby, directed to surrender before learned court within two weeks from today, and learned court shall release the petitioner, above named, on such terms and conditions as well as sureties as the learned court may deem fit and proper. 6. A.B.A. No.1407 of 2026 is disposed of. ( Sanjay Kumar Dwivedi, J.) 08.04.2026 SI/