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2025 DAILYLAW 17746 (JHR)

MD. AFROJ KHAN v. THE STATE OF JHARKHAND

A.B.A./4168/2024 · 2025-02-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4168 of 2024 ------ 1. Md. Afroj Khan, S/o Abdul Manan @ Manan Khan, age 27 years. 2. Manan Khan @ Abdul Mamon Khan, S/o Late Suleman Khan age 58 years. 3. Saira Khatoon, W/o Manan Khan, Age 52 years. All are R/o Vill-Kathadih, P.O. & P.S. Jainagar, Dist-Koderma. .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Sahani Parveen age 26 years W/o Md. Afroz Khan, D/o Md. Iftekhar, R/o Mohallah Nagwan, P.O. and P.S.-Sadar Chatra, Dist-Chatra. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Altamash Khan, Advocate For the State : Mr. Jitendra Pandey, Addl.P.P. For the OP 2 : Mr. Rajesh Kr. Singh, Advocate : Mr. Hadish Ansari, Advocate ------ Order No.08 Dated- 25/02/2025 Heard the parties. Apprehending their arrest in connection with Complaint Case No.1155 of 2020 instituted under Sections 498A, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 being the husband of the complainant/opposite party No.2, petitioner no.2 being the father-in-law of the complainant and Petitioner no.3 being the mother-in-law of the complainant; treated her with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioners are all false and general and omnibus in nature. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioners. It is further submitted that the petitioners undertake to co- operate with the trial of the case and petitioner no.1 is still ready and willing to keep and maintain the opposite party No.2/complainant with full honor and dignity as his lawful wife, if and when she resumes conjugal life with him. It is lastly submitted that the petitioners undertake to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State and learned counsel for the opposite party no.2 on the other hand vehemently oppose the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Chatra in connection with Complaint Case No.1155 of 2020 with the condition that they will co-operate with the trial of the case and petitioner no.1 will keep and maintain the opposite party No.2/complainant with full honour and dignity as his lawful wife as and when she resumes conjugal life with him and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Abhiraj/