Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:12265 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1579 of 2026
------ Md. Faizan Khan, son of Fariduzzaman Khan, resident of H. No.222, Road No.19, Old Purulia Road, Mango, Azad Garage Hall, Zakir Nagar, Azadnagar, P.O. Azadnagar, P.S. Azadnagar, Jamshedpur, District Singbhum East, Jharkhand .... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Kaushik Sarkhel, Advocate
Ms. Seema Kumari Singh, Advocate For the State
: Mr. Suraj Deo Munda, A.P.P. For the Informant : Mr. Indrajit Sinha, Advocate
------
02/27.04.2026 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.
2.
The petitioner is apprehending his arrest in connection with Jugsalai P.S. Case No. 03 of 2026, registered for the offence under Section 87 of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Chief Judicial Magistrate, Jamshedpur.
3.
Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and the girl is aged about 27 years and has gone voluntarily along with the petitioner. He next submits that the petitioner and the girl have solemnized the marriage voluntarily. He also refers to Annexure-2 which is the marriage certificate issued from the office of Registrar General of Marriages, Law Department, Government of West Bengal, Kolkata. He further submits that father of the victim has lodged the FIR alleging that by way of influencing the girl, the petitioner has taken her. He also submits that the petitioner has appeared suo moto before the Officer-in-Charge, Topsia Police Station, Kolkata and the said Officer-in-Charge wrote to the Sealdah court disclosing that the petitioner has come to the said police station and stated that she has voluntarily gone along with the petitioner without any one’s intervention and she does not want to go to her paternal house. He submits that the Jharkhand Police was informed however, the Jharkhand Police was late in coming and thereafter, she was sent to one of the NGOs by the court’s order and subsequently, she was handed over to the father of the girl. On these grounds, he submits that the anticipatory bail may kindly be granted.
2026:JHHC:12265
4.
Learned counsel appearing for the State and the informant have jointly opposed the prayer and submit that the girl was indisposed and was not having good mental condition. Learned counsel for the informant further submits that in the light of Annexure B series, which are medical documents which clearly suggest that the girl was unstable. He also submits that in the passport, the address of the girl is of Jharkhand, wherein in the marriage certificate, the address of the girl is said to be of Kolkata. He next submits that on the false address provided, marriage certificate has been issued and even being interim protection provided to the petitioner, the petitioner has not appeared before the court. On these grounds, the anticipatory may kindly be rejected.
5.
Annexure B series in the counter affidavit, are the medical prescriptions. In the psychological testing report, the girl was borderline personality disorder with marked emotional instability and immaturity. Learned Additional District Judge-V, Jamshedpur by the order dated 27.01.2026, provided the interim protection to the petitioner and directed to secure the appearance of the accused petitioner and the victim girl before the court on the next date i.e. 28.01.2026 however, on that date, the court has been pointed out that the petitioner and victim girl not appeared before the court. Everything was being made at Kolkata in the State of West Bengal and the case was of the Jharkhand. In spite of the court’s order, the petitioner has not appeared along with the girl wherein the interim protection was provided. The victim girl was of unsound mind and pursuant to the court’s order, she was sent to the NGO and thereafter, the victim girl was handed over to the parents.
6.
In the attending facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, is hereby, rejected. Interim protection is vacated.
(Sanjay Kumar Dwivedi, J.)
Anit Uploaded 29.04.2026