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2026 DAILYLAW 6207 (JHR)

CHANDRDEO MAHTO v. STATE OF JHARKHAND

A.B.A./1566/2026 · 2026-04-13

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:10586 --1-- A.B.A. No. 1566 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1566 of 2026 ---- Chandrdeo Mahto, age 40 years, S/o Jagdish Mahto, R/o village – Kojram, PO and PS – Kunda, District – Chatra, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Kaushiki Mishra, Advocate For the State :- Mr. Naveen Kr. Gaunjhu, Advocate For the Informant :- Mr. Anupam Anand, Advocate ---- 02/13.04.2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Informant. 2. The petitioner is apprehending his arrest in connection with Kunda P.S. Case No.37 of 2025 for the alleged offences registered under Sections 495 and 313 of Indian Penal Code, pending in the Court of learned ACJM, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and what has happened that was consensual in nature. She further submits that allegations are made that the petitioner was already married and suppressing that fact the petitioner has solemnized the marriage with the informant. She then submits that the informant was already married in the year 2006 with one Rama Mahto and in 2026:JHHC:10586 --2-- A.B.A. No. 1566 of 2026 absence of any divorce she was consensually residing along with the petitioner and they have already solemnized the marriage in the temple. 4. Learned counsel appearing for the State and Informant jointly opposed the prayer and submits that suppressing the earlier marriage the informant has been exploited and in view of that anticipatory bail of the petitioner may kindly be rejected. 5. Learned counsel appearing for the Informant further submits that allegations are also there of forcing the informant for termination of pregnancy. 6. Considering that the married lady, who without taking divorce with the earlier husband, has solemnized marriage in a temple with this petitioner and also resided along with the petitioner. Prima facie, it appears that what has happened that was consensual in nature as informant is aged about 35 years 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 13.04.2026 Sangam/