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

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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

——-

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/

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