Jharkhand High Court
Abhishek Chaurasia vs The State Of Jharkhand. … … Opposite … on 30 July, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:20958
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3248 of 2025
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Abhishek Chaurasia, aged about 33 years, S/o Sharwari Nath
Chaurasia, R/o Road No.9, Ganga Nagar, Harmu, P.O. & P.S. Agrora
District Ranchi.
... ... Petitioner
Versus
The State of Jharkhand. ... ... Opposite Party
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Krishna Murari, Advocate
For the State : Mr. Vijoy Kumar Sinha, APP
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04/ 30.07.2025
Heard the parties.
2. This anticipatory bail application under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been
preferred by the petitioner apprehending his arrest in connection
with Tandwa P.S. Case No.286 of 2023, for offences under Sections
341, 323, 498(A), 504 and 506/34 IPC. The case is presently
pending before the Court of learned Judicial Magistrate First Class,
Chatra.
3. The petitioner is husband. The petitioner and informant
married on 18.02.2022. It is alleged that when the informant-wife
reached to the house of her husband, her husband, father-in-law,
mother-in-law, brother-in-law and sister-in-law started demanding
more dowry followed by physical assault and abuse leading to her
became senseless. Thereafter, they send the informant to her
parent’s house to bring dowry.
4. Admittedly in this case notice under Section 41A of
Cr.P.C. /35(3) of BNSS was issued to the petitioner. The petitioner
by referring two documents submits that he had appeared before
Tandwa Police Station on 28.06.2025 and 18.07.2025 but as the
I.O was not present in the Police Station, his statement was not
recorded. A receipt of the appearance has been given by the Sub-
Inspector to prove the appearance of the petitioner on 18.07.2025.
5. Since the notice has been issued under 41A of Cr.P.C.
/35(3) of the BNSS to the petitioner, I am of the opinion that the
Police does not want to arrest the petitioner. Further the petitioner
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2025:JHHC:20958
has appeared twice in a Police Station but the Investigation Officer
was absent. The aforesaid fact clearly suggests that this is not a
case of custodial interrogation.
6. The learned APP opposes prayer for anticipatory bail.
7. Considering the aforesaid facts, I am inclined to allow
this application.
8. Accordingly, this Anticipatory Bail Application stands
allowed. The petitioner, above named, is directed to surrender
before the learned court below within four weeks from the date of
receipt of copy of this order and on the event of his surrender or
arrest, they shall be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like
amount each, to the satisfaction of learned Judicial Magistrate,
First Class, Chatra in connection with Tandwa P.S. Case
No.286/2023, subject to the condition that one of the bailers
should be a close relative of the petitioners and he should be a
resident of State of Jharkhand, having sufficient landed property
in his name or in the name of his ancestors in which they are
having share and to that effect, he has to file an affidavit before
the Trial Court indicating his share in the property. The petitioner
will appear before the Investigating Officer on every 15 days till
submission of the final report.
(ANANDA SEN, J.)
Sandeep. Cp-3
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