Disposed¶16

Manchand Mahato v. the State of Jharkhand

Jharkhand HC16 Mar 2026A.B.A./1010/2026

Case brief

AI extract

What is this about?

Anticipatory bail; A.B.A.; High Court of Jharkhand at Ranchi; Sanjay Kumar Dwivedi; Manchand Mahato; Madhuban P.S. Case No.85/2025; Dhanbad; Bharatiya Nyaya Sanhita 2023 Sections 126(2), 115(2), 117(2), 109(1), 85, 304(2), 3(5); Section 109(2) BNS pending injury report; Section 35(3) Bharatiya Nagrik Suraksha Sanhita 2023 notice reply; daughter's marriage against father's wish; surrender within two weeks; release on terms and conditions; application disposed of.

What did the court decide?

Petitioner to surrender before the learned Court within two weeks; thereafter to be released on such terms and conditions as the learned Court may deem fit and proper. ¶16

Manchand Mahato Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

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( 2026:JHHC:6929 )

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1010 of 2026

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Manchand Mahato, aged about 40 years, S/o Suraj Mahato, R/o Pipratand, P.O. & P.S. Madhuban, District- Dhanbad … Petitioner -Versus-

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The State of Jharkhand … Opposite Party ----CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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----- For the Petitioner : Mr. Pratiush Lala, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. For the Informant : Mr. Shailesh Kumar Singh, Advocate

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03/16.03.2026 Heard learned counsel appearing for the petitioner, learned counsel

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appearing for the State and learned counsel appearing for the informant.

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The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No.85/2025, registered for the offence under Sections 126(2), 115(2), 117(2), 109(1), 85, 304(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of the learned Judicial Magistrate, 1^st Class, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner is happened to be the husband of the informant. He further submits that the marriage was solemnized in the year 2005 and the marriage was ideal one as no dowry was taken at the time of marriage. He then submits that the elder son of the petitioner, who is aged about 18 years, is presently residing along with the petitioner. He next submits that against the wish of the petitioner, the daughter has solemnized the marriage with one boy, namely, Bharat Mahato and for that the dispute took place between the husband and wife and, thereafter, the present case has been lodged. He also submits that it has come in the order of the learned Additional Sessions Judge that the witnesses have partly supported the case of the prosecution and that has come in paras 49 to 55 of the case diary. He further submits that the injury report has not been received till the order passed by the learned

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A.B.A. No. 1010 of 2026

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( 2026:JHHC:6929 )

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Additional Sessions Judge and in the order of the learned Additional Sessions Judge it has also come that the offence under Section 109(2) of BNS will be decided after procurement of the injury report. He next submits that the petitioner is ready to keep the wife with all dignity.

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Learned counsel appearing for the State and informant jointly opposed the prayer and submit that the allegations are there and the injury has been received by the informant and the petitioner is happened to be the husband of the informant and in view of that, the prayer for anticipatory bail may kindly be rejected.

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The elder son of the petitioner has given reply to the notice under Section 35(3) of the Bharatiya Nagrik Suraksha Sanhita, 2023, wherein, he has stated that his sister has solemnized the marriage against the wish of the father and for that the dispute arose between the petitioner and informant. It has come in the order of the learned Additional Sessions Judge that the offence under Section 109(2) of BNS will be decided once the injury report will be received. In paras 49 to 55 of the case diary, the witnesses have partly supported the case of the prosecution.

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In that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions as the learned Court may deem fit and proper.

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Accordingly, this application is disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Dated: 16^th March, 2026 Ajay/

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A.B.A. No. 1010 of 2026

Manchand Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Manchand Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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