Supreme Court – Daily Orders
Ajay Kumar vs The State Of Jharkhand on 19 February, 2026
ITEM NO.11 COURT NO.1 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1173/2026
[Arising out of impugned judgment and order dated 30-06-2025 in ABA
No. 7457/2024 passed by the High Court of Jharkhand at Ranchi]
AJAY KUMAR Petitioner(s)
VERSUS
THE STATE OF JHARKHAND & ANR. Respondent(s)
(IA No. 10087/2026 - CONDONATION OF DELAY IN FILING, IA No.
10083/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and
IA No. 10085/2026 - EXEMPTION FROM FILING O.T.)
Date : 19-02-2026 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
HON'BLE MR. JUSTICE VIPUL M. PANCHOLI
For Petitioner(s) : Mr. Mithilesh Jha, AOR
For Respondent(s) : Mr. Anando Mukherjee, AOR
Mr. Shwetank Singh, Adv.
Mr. Utkarsh Anand, Adv.
Mr. Santosh Kumar Sethi, Adv.
Mrs. Alka Sinha, Adv.
Mr. Anuvrat Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner-husband has been denied anticipatory bail vide
the impugned order dated 30.06.2025, passed by the High Court of
Jharkhand, in connection with FIR No. 52/2024 dated 22.06.2024
lodged at Police Station Bokaro Thermal under Sections 498-A, 448,
504, 506 and 34 of the Indian Penal Code, 1860 and Sections 3 and 4
Signature Not Verified
Digitally signed by
NITIN TALREJA
Date: 2026.02.24
of the Dowry Prohibition Act, 1961.
17:31:19 IST
Reason:
2. The marriage between the parties was solemnized on 23.06.2023.
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After residing together for hardly a year, the complainant-wife is
said to have been forcefully ousted from the matrimonial home in
March, 2024. This led to registration of the subject FIR as well as
the initiation of maintenance proceedings under Section 125 of the
Cr.P.C.
3. It seems that before the High Court, the petitioner-husband
pleaded that a settlement had been arrived at between the parties
in terms whereof he was obligated to pay Rs. 1 lakh to the wife.
However, the High Court denied the prayer for anticipatory bail
owing to the nature of the allegations levelled against the
petitioner-husband.
4. Pursuant to this Court’s interim directions dated 15.01.2026,
the petitioner has deposited a sum of Rs. 1 lakh (in two
installments of Rs.50,000/- each), whereupon his arrest was stayed.
5. Respondent No.2-wife has also entered appearance. Her counsel
specifically denies any settlement and submits that the plea taken
by the petitioner in this regard is false. He also submits that no
maintenance has been paid for the past two years.
6. We have considered the rival submissions. The investigation
in the matter is complete, and the chargesheet has been filed.
That being so, we see no reason why the petitioner should be
subjected to any custodial interrogation. Besides this, respondent
No.2-wife deserves to be provided with some relief for sustenance.
We clarify that in the absence of any agreement between the
parties, the plea taken by the petitioner-husband that the issues
between them have been settled cannot be accepted. However,
regardless thereof, the Registry is directed to release the amount
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of Rs. 1 lakh deposited by the petitioner in favour of respondent
No.2-wife forthwith, along with the interest accrued thereupon. The
said amount shall be adjusted by the wife against the arrears of
maintenance. She shall be at liberty to approach the Family Court
for recovery of the balance arrears, for which the Family Court is
directed to take suitable action in accordance with law.
7. However, before doing so, the Family Court shall refer the
parties for mediation with an endeavour to explore the possibility
of a fresh amicable settlement. The petitioner’s arrest during the
pendency of the trial proceedings shall remain stayed, subject to
such terms and conditions as may be imposed by the trial court.
8. The Special Leave Petition stands disposed of, in the above
terms.
9. Pending application(s), if any, shall also stand disposed of.
(NITIN TALREJA) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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