Suraj Prasad Vs the State of Jharkhand

( 2026:JHHC:2567 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7383 of 2025

Suraj Prasad, aged about 18 years, son of Sikendra Mahto, resident of Village Barkangango, P.O. & P.S. Barkatha, District- Hazaribagh

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… Petitioner

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-Versus-

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The State of Jharkhand … Opposite Party ----CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Zaid Imam, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P.P. For the Informant : Mr. Gautam Kumar Pandey, Advocate -----

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05/02.02.2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the informant.

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The petitioner is apprehending his arrest in connection with Barkatha P.S. Case No.118/2025, registered for the offence under Section 96/3(5) of the BNS, pending in the Court of the learned Judicial Magistrate, 1^st Class, Hazaribagh.

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Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case. He further submits that the girl has gone along with the petitioner on her own volition. He then submits that both were in relationship. He submits that however the age is said to be minor, but she has gone along with the petitioner on her own volition and they have also solemnized the marriage. He next submits that the case diary was called by earlier order, which has been received and in para 26 of the case diary, it has come that the parent of the girl has refused to take her to the home and in view of that, she has been put into remand home. He also submits that the statement of the victim is also part of the case diary, wherein, she has stated that she has gone along with the petitioner on her own volition

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A.B.A. No. 7383 of 2025

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( 2026:JHHC:2567 )

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and nobody is responsible for that. He submits that in view of that, the petitioner may kindly be provided privilege of anticipatory bail.

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Learned counsel appearing for the State and informant jointly opposed the prayer and submit that the girl was aged about 15 ½ years only.

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In view of the above and considering that both were in relationship and the statement of girl is also there, wherein, she has stated that she has gone along with the petitioner on her own volition and nobody is responsible for that and in para 26 of the case diary, it has further come that parent of the girl has refused to take her to the home and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

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Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Hazaribagh in connection with Barkatha P.S. Case No.118/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Sanjay Kumar Dwivedi, J.)

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Dated: 2^nd February, 2026 Ajay/

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A.B.A. No. 7383 of 2025

Suraj Prasad v. the State of Jharkhand

Case brief

What is this about?

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Suraj Prasad v. the State of Jharkhand

Case brief

What is this about?

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