SAFIK MIYAN ALIAS FUGLI MIYAN v. THE STATE OF JHARKHAND
A.B.A./2719/2025 · 2025-06-09
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12301 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12301 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:14838 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2719 of 2025 ------ Safik Miyan @ Fugli Miyan, son of Bhukhal Miyan @ Bhukal Miyan, R/o Village Muchiyadih, P.O. Bankudih, P.S. Narayanpur, District Jamtara. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Kaushik Sarkhel, Advocate. For the State : Mr. Shree Prakash Jha, A.P.P.
Mr. Ashutosh Pd. Joshi, Advocate -----
03/ 09.06.2025 Heard the parties at length. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest, for offences under Sections 96, 64, 126(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 & 12 of the POCSO Act. 3. Learned A.P.P. representing the State and learned counsel representing the informant oppose the prayer for anticipatory bail. 4. After going through the application, I find that the allegation against this petitioner is that he is the father of the main accused namely Nijam Ansari, who had allegedly kidnapped the daughter of the informant and exploited her on the pretext of marriage. 5. Though it has been argued by learned counsel representing the petitioner that son of the petitioner and daughter of the informant have solemnized the marriage but the girl has not accepted the same in her statement. 6. From the statement of the victim girl recorded in para-16 of the case diary (case diary produced by learned counsel representing the informant), it is evident that she has not levelled any allegation so far as abduction / kidnapping is concerned against this petitioner. She has also not alleged any assault or abuse by
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this petitioner. She has only alleged that when she was taken back to her house by the main accused, this petitioner who happens to be the father of the main accused, threatened them of dire consequences. 7. Considering the allegations levelled against this petitioner, which is not of any sexual assault and nor even helping the main accused in abducting the daughter of the informant, I am inclined to enlarge this petitioner on anticipatory bail. 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.20,000/- (Rupees Twenty Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Jamtara, in connection with Narayanpur P.S. Case No.6 of 2025, 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 name or in the name of his ancestors in which he is 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.) Prashant. Cp-3