Vishal Kumar Vishwakarma @ Vishal ... vs The State Of Jharkhand .....Op(S)
2025 Latest Caselaw 4189 Jhar

Jharkhand High Court

Vishal Kumar Vishwakarma @ Vishal ... vs The State Of Jharkhand .....Op(S) on 23 June, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                               2025:JHHC:16466


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Α.Β.Α. Νο. 7446 of 2024
        Vishal Kumar Vishwakarma @ Vishal Vishwakarma, S/o Manoj Kumar
        Vishwakarma, R/o Road No. 11, Jagannathpur PO Chhota Gamharia, PS
        Gamharia, District Seraikella (Kharsawan)          ....Petitioner(s)
                                        Versus
        The State of Jharkhand                                          .....OP(s)
                     CORAM        :     SRI ANANDA SEN, J.

For the Petitioner(s) : Mr. Rohit Agarwal, Advocate For the State : Mr. S.D. Munda, APP

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05/23.06.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 482 and 484 of Bharatiya Nagrik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in connection with Adityapur P.S. Case No. 158 of 2022, for the offences punishable under sections 406/420/376/385/506/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Seraikella.

2. Heard the learned counsel for the petitioner and the learned counsel for the State.

3. The learned counsel for the State opposes the prayer for anticipatory bail of the petitioner.

4. From the documents it is clear that the informant was a widow lady. It is alleged that the informant fell in love with the petitioner and then they decided to marry. On the pretext of marriage physical relationship was established. Thereafter they solemnized court marriage. There is allegation of transaction of some money also between them.

5. Both the parties are major and on the pretext of marriage relationship was established but they in fact married. Since there was dispute they decided to part away for which an application before the learned Principal Judge, Family Court, Seraikella being Original Suit No. 93 of 2024 for dissolution of their marriage under the Special Marriage Act was filed. The aforesaid suit was allowed vide judgment dated 24.10.2024 and decree was prepared on 18.11.2024 which is apparent from Annexure-A to the supplementary affidavit.

6. Considering the fact of dissolution of their marriage and the fact that both the parties are major, I am inclined to release the petitioner on anticipatory bail.

2025:JHHC:16466

7. Accordingly, the petitioner, above named, is directed to surrender before the court below within three weeks from today and in the event of his surrender/arrest the learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Seraikella, in connection with Adityapur P.S. Case No. 158 of 2022, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his/her share in the property.

(ANANDA SEN, J.)

KNR/