Citation : 2025 Latest Caselaw 3961 Jhar
Judgement Date : 16 June, 2025
2025:JHHC:15651
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3273 of 2025
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Sentu Sheikh @ Sentu Sheikh @ Sintu SK, S/o Sabir Shekh, R/o Village- Purvi
Narayanpur Bengdubi, P.O. & P.S. Rajmahal, District- Sahibganj
.... Petitioner(s).
Versus
The State of Jharkhand ... Opp. Party(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Gautam Kumar, Advocate For the State : Mr. Shashi Kumar Verma, AddI. P.P. .........
02/ 16.06.2025: Heard, learned counsel for the parties.
2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Section 85/115(2)/3(5) of BNS in connection with Radhanagar P.S. Case No.14 of 2025, pending in the Court of learned Judicial Magistrate 1st Class, Rajmahal.
3. Petitioner is the husband.
4. It has been submitted by the petitioner that notice under Section 35(3) of BNSS was issued to the petitioner, which he has replied by sending a reply by post.
5. Sending a reply by post is not proper compliance under Section 35(3) of BNSS. The person has to appear before the Investigating Officer and get his statement recorded and co-operate with the investigation.
6. Further, issuance of notice under Section 35(3) of BNSS clearly suggest that there is no apprehension of the petitioner being arrested.
7. Accordingly, the instant anticipatory bail application stands disposed of.
8. Petitioner should appear before the Court concerned, who will take an appropriate step as per law in terms of the judgment of the Hon'ble Supreme Court.
(ANANDA SEN, J.) R.S./
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