MD RASHID BAITHA @ CHHOTU v. THE STATE OF JHARKHAND
A.B.A./4505/2025 · 2025-08-18
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22987 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22987 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23975
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4505 of 2025
---- 1.Md. Rashid Baitha @ Chhotu aged about 35 years son of Md. Hilo Baitha resident of Sonar Tola Mahagama Post Office Mahagama PS Mahagama Dist.Godda 2.Md. Irfan Baitha aged about 21 years son of Md. Asiraa resident of Vill.Karhariya, PO Anjana, PS Hanwara, Dist. Goda.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner
:- Mr. Ranjan Kumar Singh, Advocate
For the State
:- Mr. Someshwar Roy, Advocate
---- 2/18.08.2025 Heard learned counsels for petitioners and for State.
2.
The petitioners are apprehending their arrest in connection with Mahgama P.S. Case No.237 of 2023, for offence registered under section 366-A/34 of the IPC, 1860, pending in court of learned Judicial Magistrate First Class Godda.
3.
Learned counsel for the petitioner submits that victim’s statement has been recorded under section 164 Cr.PC wherein she has stated that she used to love Nasir Baitha and she wanted to marry him and she out of her own will fled away with Nasir Baitha on 2.3.2023 and Nasir Baitha was granted anticipatory bail in A.B.A. No.2446 of 2024.
4. Learned State counsel opposes the prayer and submits that the case has been lodged by the mother of the victim.
5. Considering that statement made under section 164 Cr.PC wherein it is stated that she was in love with Nasir Baitha and he has been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released 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 First Class Godda, in connection with Mahgama P.S. Case No.237 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) SI/