Cr.A(SJ)/771/2026 of HARIHAR JENA Vs THE STATE OF JHARKHAND on 10 September 2026

1. Harihar Jena, aged about 35 years

2. Murlidhar Jena @ Muraeidhar Jena, aged about 21 years. Both are the sons of Bairagi Charan Jena and both are resident of Village Jitanaga, P.O. Jitanaga, P.S. Sabrang, District Bhadrak, Odisha

…. …. Appellant(s) -Versus-

1. The State of Jharkhand

2. Kumari Shristi, wife of Harihar Jena, daughter of late Phakir Chandra Hembram, at present residing at Haranganj, P.O. + P.S. Korra, District Hazaribag, Jharkhand

…. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----

For the Appellants

: Mr. Ram Lakhan Yadav, Advocate

: Mrs. Savita Kumari, Adv.

For the State

: Mr. Ajay Kumar Pathak, A.P.P.

For the Respondent No.2

: Mr. Aniket Jaiswal, Adv. ----

04/Dated: 10th September, 2026

1. Heard the parties.

2. The present appeal has been filed against the impugned order dated 06.07.2026 passed in M.C.A No.1001 of 2026 by the learned Additional Sessions Judge-1-cum-Special Judge, SC/ST Act, Hazaribag in connection with SC/ST P.S. Case No.11 of 2025, registered for the offence under Sections 85, 115(2), 352, 351(2) of the B.N.S, 2023, Sections 3/4 of the D.P. Act and Sections 3(i)(s) & 3(i)(r) of the SC/ST Act. Now, the case is pending in the court of the learned A.D.J-1-cum-Special Judge, SC/ST Act, Hazaribagh.

3. It has been submitted by the learned counsel for the appellants the appellant No.1 and the respondent No.2 have got married through a matrimonial website i.e. Jeevansaathi.Com. It is nothing but a matrimonial dispute between them, which has wrongly been aggravated under the SC/ST (PoA) Act. It has further been submitted that the appellants are in custody since 16.06.2026 and they undertakes to participate in the trial. On the above basis, prayer for bail has been made.

2026:JHHC:27198

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Criminal Appeal (S.J.) No.771 of 2026

4. Learned counsel for the State and learned for the respondent No.2 have opposed the prayer for bail. It has been submitted that the victim has been abused and assaulted, and as such, the offence under the SC/ST (PoA) Act is made out.

5. Having heard the learned counsel for the parties and from perusal of the records, it appears that it is a matrimonial dispute between the parties.

6. Accordingly, the appellants named above, are directed to be released on bail, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of the learned A.D.J-1- cum-Special Judge, SC/ST Act, Hazaribagh in connection with SC/ST P.S. Case No.11 of 2025, subject to the condition that the appellants will submit self-attested photocopy of their Aadhaar Cards and also submit their mobile numbers before the learned trial court which they shall always keep active and will not change it during pendency of this case without prior permission of the court.

7. In the result, the instant criminal appeal stands allowed and accordingly disposed of.

(Rajesh Kumar, J.) Dated: 10th September, 2026 Raja/-Uploaded on 11.09.2026