Sunil Hansda Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Sunil Hansda Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest by the police or surrender within six weeks from the date of the order, the petitioner to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Bermo at Tenughat, subject to conditions of non-annoyance of the informant, co-operation with the investigation, appearance before the Investigating Officer as and when noticed, submission of mobile number and Aadhaar card photocopy at surrender with an undertaking not to change the mobile number, and the other conditions laid down under section 482(2) of BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Petarwar (Tenughat O.P.) P.S. Case No. 133 of 2023 registered under Sections 376 and 420 of the Indian Penal Code, should be granted the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case (including the marriage between the petitioner and the complainant and the joint compromise petition), the Court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest by the police or surrender within six weeks from the date of the order, the petitioner shall be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Bermo at Tenughat, subject to the conditions that he will not annoy or disturb the informant during pendency of the case, will co-operate with the investigation, will appear before the Investigating Officer as and when noticed, will submit his mobile number and photocopy of Aadhaar card at the time of surrender with an undertaking not to change the mobile phone number, along with the other conditions laid down under section 482(2) of BNSS, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Petitioner (aged about 20) apprehending arrest in Petarwar (Tenughat O.P.) P.S. Case No. 133 of 2023 registered under Sections 376 and 420 of the Indian Penal Code (allegation of rape upon the victim on the promise of marriage) sought anticipatory bail. Counsel for the petitioner and the informant jointly submitted that the case arose out of a misunderstanding, that the petitioner has since solemnized marriage with the complainant, and produced the certified copy (page 26) of a joint compromise petition filed before the learned Additional Sessions Judge, Bermo at Tenughat recording that consequent upon the compromise the parties are leading happy conjugal life; the learned Addl. PP opposed the prayer. Held, considering the facts and circumstances: anticipatory bail granted — in the event of arrest by police or surrender within six weeks, release on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bermo at Tenughat, subject to conditions that the petitioner will not annoy or disturb the informant, will co-operate with the investigation, will appear before the Investigating Officer as and when noticed, will submit mobile number and photocopy of Aadhaar card at surrender with an undertaking not to change the mobile number, along with the other conditions under section 482(2) of BNSS, 2023. (Anil Kumar Choudhary, J.) — 04.02.2025.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 704 of 2025

Sunil Hansda, aged about 20 years, son of Basu Dev Hansda, resident of village Barutongri, P.O. Ulgadda, P.S. Petarwar, District Bokaro, State Jharkhand. … Petitioner

Versus

The State of Jharkhand … Opp. Party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Deepak Kr. Dubey, Adv. For the State : Mr. Shashi Kumar Verma , Addl.PP For the informant : Mr. Gaurav Raj, Adv.

02 / 04.02.2025 Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Petarwar (Tenughat O.P.) P.S. Case No. 133 of 2023 registered under Sections 376, 420 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the victim on the promise of marriage. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is jointly submitted by learned counsel appearing for the petitioner and learned counsel for the informant that because of misunderstanding, this case has been instituted and now the petitioner has solemnized marriage with the complainant. Drawing attention of the court to page 26, which is the copy of the certified copy of the joint compromise petition, filed by the parties in the court of learned Additional Sessions Judge, Bermo at Tenughat, it is further jointly submitted that therein it has categorically been mentioned that consequent upon the compromise between the parties, the petitioner

and the informant are leading happy conjugal life. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and he undertakes not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bermo at Tenughat in connection with Petarwar (Tenughat O.P.) P.S. Case No. 133 of 2023 subject to the condition that the petitioner will not annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-