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2025 DAILYLAW 20199 (JHR)

RABUL ANSARI v. THE STATE OF JHARKHAND

A.B.A./4792/2024 · 2025-03-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4792 of 2024 ------ 1. Rabul Ansari, aged about 59 years, son of Saqat Ansari 2. Noor Jahan Bibi, aged about 56 years, wife of Rabul Ansari Both resident of Bhatkhijri, Post Bhatkhijri, Police Station Lohardaga, District Lohardaga … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mrs. Ritu Kumar, Advocate For the State : Mr. Pankaj Kumar, P.P. For the Informant : Mr. Rajiv Ranjan, Advocate : Mr. Subhneet Jha, Advocate ------ Order No.06 Dated- 06.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Lohardaga (M) P.S. Case No.05 of 2024 registered for the offences punishable under sections 323/341/498A/376 of the Indian Penal Code read with Section 3 and 4 of the Dowry Prohibition Act and under Section 6 of the POCSO Act. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners being the father-in-law and mother-in-law of the informant have treated the informant with cruelty. It is further submitted that the allegations against the petitioners are all false and the allegation of rape is against the son of the petitioners namely Mahfuj Ansari. It is then submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that they will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned P.P. and the learned counsel for the informant opposes the prayer for grant of anticipatory bail. It is next submitted by the learned P.P. that charge sheet has been submitted only for the offences punishable under Section 498A/323/341 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act and the allegations under the penal provisions of POCSO Act were found not to be true. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Lohardagga, in connection with Lohardaga (M) P.S. Case No.05 of 2024 with the condition that the petitioners will cooperate with the trial of the case with further condition that that they will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-