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2025 DAILYLAW 10619 (JHR)

HASINA BIBI v. THE STATE OF JHARKHAND

A.B.A./2310/2025 · 2025-07-08

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18318 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2310 of 2025 ------ Hasina Bibi, wife of late Abdul Ansari, resident of village Dali Tola Satkudawa, PO and PS Chhattarpur, District Palamau … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Manoj Kumar, Advocate. For the State : Mr. Someshwar Roy, A.P.P. ----- 03/ 08.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 363 and 366A of the Indian Penal Code. 3. The case is registered on the information of the father of the victim who alleges that the accused Hafijul Ansari by inducing his minor daughter has taken her away with the intention to marry. 4. Makbul Ansari @ Alam one of the co-accused had prayed for anticipatory bail. His anticipatory bail was considered by the learned Additional Sessions Judge-V, Palamau at Daltonganj in A.B.P. No. 185 of 2024. Vide order dated 19.03.2024 learned Additional Sessions Judge-V has held that the victim has already been recovered and her statement under section 164 Cr.PC has been recorded. 5. In the aforesaid bail order, learned Sessions Judge had noted that the girl is aged about 19 years and before the Magistrate she stated that her father has left her mother and she was being ill-treated and assaulted by her father. Fed up with such behavior of her father she herself left her home and went to the house of her friend namely, Hamida where she was residing. It has also been noted in paragraph no. 51 of the case 2025:JHHC:18318 2 diary that the victim refused to go to her parents’ home thereafter she was sent to CHC. The learned Sessions Judge has also arrived at a finding that there is nothing in the statement of the victim that the victim was kidnapped. 6. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 7. Considering the aforesaid clear finding which has been given by the learned Additional Sessions Judge-V, Daltonganj in A.B.P No. 185 of 2024 dated 19.03.2024, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned ACJM, Palamau at Daltonganj, in connection with Ramgarh P.S. Case No. 56 of 2023, subject to the condition that one of the bailers should be a 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 Trial Court indicating his/her share in the property. 9. The petitioner is directed to cooperate in the investigation. 10. A photocopy of the order 19.03.2024 passed in A.B.P No. 185 of 2024 is kept on record. (ANANDA SEN, J.) Tanuj/Cp-3