Citation : 2025 Latest Caselaw 3797 Jhar
Judgement Date : 10 June, 2025
2025:JHHC:14901
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3129 of 2025
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Dharmendra Vishwakarma @ Dharmendra Kumar
Vishwakarma, son of Sri Ramdhari Mistry, resident of village
Masoudhi Chowk, near Bus Stand, PO and PS Jamui, District
Jamui, Bihar ... ... Petitioner(s)
Versus
1.The State of Jharkhand.
2.Puja Kumari, wife of Dharmendra Vishwakarma, daughter of
Manoranjan Vishwakarma, resident of Mugma by-pass road,
Kaspasara, near Pani Tanki, PO Mugma, PS Nirsa, District
Dhanbad, Jharkhand ... ... Opposite Party(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. S. K. Vishwakarma, Advocate. For the State : Mr. Rajneesh Vardhan, A.P.P.
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02/ 10.06.2025
Heard the parties.
2. This anticipatory bail application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been
preferred by the petitioner apprehending his arrest for offences
registered under Sections 498(A), 420, 323, 341, 313, 448 and
34 of the Indian Peal Code and section 3/4 of the Dowry
Prohibition Act pending in the court of learned Judicial
Magistrate-1st Class at Dhanbad in connection with Complaint
Case No. 2711 of 2024.
3. Learned A.P.P. representing the State opposes the prayer
for anticipatory bail.
4. This case arises out of a complaint where summons have
been issued after taking cognizance.
5. Learned counsel for the petitioner submits that the
petitioner seeks liberty to appear before the court concerned
2025:JHHC:14901 since after cognizance summons have been issued to the
petitioner. He also submits that he also be given liberty to place
the judgments of the Hon'ble Supreme Court in this issue at the
time of his appearance before the court concerned.
6. On his appearance the court concerned will pass an order
taking into consideration the judgments passed by the Hon'ble
Supreme Court in "Arnesh Kumar vs. State of Bihar and
Another" reported in (2014) 8 SCC 273, "Satender Kumar
Antil vs. Central Bureau of Investigation and Another"
reported in (2022) 10 SCC 51 and "Md. Asfak Alam vs.
State of Jharkhand and Another" reported in (2023) 8 SCC
632.
7. The concerned Additional Sessions Judge-X, Dhanbad is
expected to pass orders in future in this type of case taking in
to consideration the judgments of the Hon'ble Supreme Court
rather than dismissing the application.
8. Let a copy of the order be immediately faxed to the
Additional Session Judge-X, Dhanbad having JO Code JH00472.
9. The Registrar General to take appropriate steps.
10. Accordingly, this Anticipatory Bail Application stands
disposed of.
(ANANDA SEN, J.)
Tanuj/Cp-3
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