Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:15532 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.4136 of 2025
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1. Rasool Mian, aged about 40 years, son of Nuri Mian.
2. Jhulekha Khatoon, aged about 36 years, wife of Rasool Main. Both are resident of village Baradih, P.O. Berhabad, P.S. Jamua, District Giridih, Jharkhand.
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Sudhir Kr. Roy, Advocate
For the State
: Mrs. Bandana Sinha, Addl.P.P
For the Informant : Mr. Vijay Kr. Roy, Advocate
: Mr. Kamdeo Pandey, Advocate
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Order No.02 Dated- 13-06-2025
Heard the parties.
The petitioners have been made accused in connection with Jamua P.S. Case No.184 of 2024 registered for the offences punishable under Sections 103(1) & 3(5) of the B.N.S., 2023.
Learned counsel for the petitioners submit that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons committed murder of Taju Ansari. It is submitted that the allegation against the petitioners is false and general and omnibus in nature. It is next submitted that the allegation against petitioner no.2 namely Jhulekha Khatoon is of wrongfully restraining the female family members of the house of the deceased and preventing them from coming to the rescue of the deceased. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in para-12 of this bail application, and one of the co-accused person has been admitted to bail. It is also submitted that the petitioners undertake that they will co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 25.10.2024 as is evident from para-09 of the instant bail application. Hence it is submitted that the petitioners be released on bail.
Learned Addl. P.P. appearing for the State and the learned counsel for the informant on the other hand vehemently oppose the prayer for bail and submits that keeping in view of direct allegations against the petitioner no.1 of assaulting the deceased in brutal manner, which resulted in death of the deceased; there is every chance of the petitioner absconding and tampering with evidence, if released on bail. It is therefore submitted that the petitioner no.1 ought not be released on bail.
Considering the serious nature of allegation of being involved in brutal murder of deceased Taju Ansari against the petitioner no.1 and the chance of the petitioner no.1 absconding and tampering with evidence, if released on bail, this Court is not inclined to admit the petitioner no.1 on bail. Accordingly, the prayer for bail of the above-named petitioner no.1 namely Rasool Mian is rejected.
So far as the petitioner no.2 namely Jhulekha Khatoon is concerned, considering the allegations against her that she wrongfully restrained the female members of the house of the deceased Taju Ansari thereby preventing them to come to the rescue of Taju Ansari and keeping in view the period of custody undergone by her, this Court is inclined to admit the petitioner no.2 Jhulekha Khatoon on bail. Accordingly, the above-named petitioner no.2 is
directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Giridih in connection with Jamua P.S. Case No.184 of 2024 with the condition that she will co- operate with the trial of the case and furnish her mobile number and photocopy of the Aadhar Card in the court below with an undertaking that she will not change her mobile number during the trial of the case.
(Anil Kumar Choudhary, J.) Abhiraj/