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2025 DAILYLAW 11045 (JHR)

AKHTER ALI ANSARI ALIAS MD AKHTAR ANSARI v. THE STATE OF JHARKHAND

A.B.A./3691/2025 · 2025-07-14

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18981 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3691 of 2025 ------ Akhter Ali Ansari, @ Md. Akhtar Ansari, aged about 36 years, S/o Peshkar Ansari, R/o St. Xavier’s Colony, Chas, P.O. & P.s. Chas, District- Bokaro, Jharkhand. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Baibhaw Gahlaut, Advocate For the State : Mr. Tarun Kumar, APP ----- 06/ 14.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 126(2), 85, 115(2), 117(2), 109, 303(2), 82(1), 76, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3 and 4 of the Dowry Prohibition Act. 3. The allegation is that after two months of marriage of informant, her husband/petitioner, elder brother-in-law, father-in- law mother-in-law and sister-in-law (Gotni) always used to put her under threat and demanded dowry and on refusal they used to brutally assault her. Her husband and his family members became greedy and they after assaulting her sent her to her father’s house for brining money. It is alleged that she was threatened that if she will not bring money from her father, they will kill her. 4. During the course of the argument, the learned counsel for the petitioner submits that petitioner in reply to the notice under Section 35(3) of the B.N.N.S. has appeared before the I.O. and got his statement recorded. He also submits that he will appear before the I.O. as and when the I.O. summons or require him for the purpose of the investigation. 5. Learned counsel appearing on behalf of the State admits that it has been recorded in the case diary in Para No.26 that the petitioner has appeared before the I.O. and got his statement record. The aforesaid facts clearly suggests that the 2025:JHHC:18981 2 petitioner joined investigation and is cooperating with the I.O. and the I.O. has also not felt to arrest the petitioner. Since, I.O. has not felt any reason to arrest the petitioner, I am inclined to allow this application. The petitioner should appear before the concerned Court and file necessary bonds and file an undertaking that he will appear before the I.O. as and when directed and will cooperate in the investigation, failing which, the Court concerned shall take an appropriate action. 6. 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 C.J.M., Bokaro in connection with Chira Chas P.S. Case No.84 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Sandeep. Cp-3