Arbind Kumar Yadav v. The State of Jharkhand

------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Md. Yasir Arafat, Advocate For the State : Mr. Bishwambhar Shastri, A.P.P. Ms. Aarti Kumari, Advocate ----- 08/ 11.06.2025 Heard the parties.

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 C.P. Case No.13322 of 2022, for offences under Sections 324, 313, 498A, 506/34 IPC and Section 3/4 of the Dowry Prohibition Act. The case is presently pending before the Court of learned J.M. 1st Class, Dhanbad.

Learned A.P.P. representing the State and learned counsel representing the informant, oppose the prayer for anticipatory bail.

This case arises out of a complaint, wherein the allegation against the petitioner who is the husband is that he has tortured his wife and also demanded dowry. There is also allegation of miscarriage and of assault.

The fact which appears from the record is that the case arises out of a complaint and after taking cognizance, summons have been issued to the petitioner.

This case is thus covered under Category-A of offences as categorized by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & 1 Another reported in (2021) 10 SCC 773. The Hon’ble Supreme Court in the aforesaid judgment clarified as to how offences in respect of Category-A has to be dealt with. For better appreciation, Category-A mentioned in the judgment is quoted hereunder:-

Category A After filing of charge-sheet/complaint taking of cognizance (a) Ordinary summons at the 1st instance/including permitting appearance through lawyer. (b) If such an accused does not appear despite service of summons, then bailable warrant for physical appearance may be issued. (c) NBW on failure to appear despite issuance of bailable warrant. (d) NBW may be cancelled or converted into a bailable warrant/summons without insisting physical appearance of the accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing. (e) Bail applications of such accused on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.

Considering the aforesaid fact, I direct the petitioner to appear before the concerned Court who will pass an order strictly in terms of the judgment passed by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in (2021) 10 SCC 773, Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51, and also different orders passed by this Court, which involves offences arising out of a complaint and where cognizance has been taken.