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Judgment
2/05.08.2026 Heard learned counsels for petitioner and for State.
The petitioner is apprehending his arrest in connection with Mirzachowki PS Case No.89 of 2025, for offence registered under sections 81, 89, 303(2), 115(2), 318(4) and 352 of BNS, 2023, pending in court of learned S.D.J.M., at Sahibganj.
Learned counsel for petitioner submits that the petitioner has been falsely implicated in this case and the petitioner and the informant were in relationship since 2015 itself. He also submits that it has come in the order of the learned Sessions Judge that the victim in her re-statement dated 03.11.2025 as contained in Para-4 has not fully supported the allegation against the petitioner and has stated about amicable compromise between them. He also submits that the learned Sessions Judge has also considered that in paragraph no.12 of the case diary, in the supervision note of SDPO, the allegation against the petitioner has been found to be false and direction was given to submit final report as a false case and in view of that he submits that anticipatory bail may kindly be granted.
Learned State counsel opposes prayer and submits that allegations are there.
On perusal of the FIR, it transpires that the petitioner and the informant were in relationship since 2015 whereas the FIR was lodged on 03.11.2025 and in the order of the learned Sessions Judge it has come that victim in her statement dated 03.11.2025 as contained in Para-4 has not fully supported the allegation against the petitioner and has stated about amicable compromise between them and the learned Sessions Judge has also considered that in paragraph no.12 of the case diary, in the supervision note of SDPO, the allegation against the petitioner has been found to be false and direction was given to submit final report as a false case, and in the attending facts and circumstances of the instant case, I am inclined to grant anticipatory bail to petitioner.
Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned S.D.J.M., at Sahibganj, in connection with Mirzachowki PS Case No.89 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
