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2025 DAILYLAW 23683 (JHR)

GAFTAR SHEIKH v. THE STATE OF JHARKHAND

A.B.A./6236/2024 · 2025-06-11

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:15128 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6236 of 2024 1. Gaftar Sheikh @ Gaffar Sheikh son of Dilsad Sheikh 2. Akida Bibi wife of Gaffar Sheikh 3. Manirul Sheikh @ Monirul Sk son of Gyandul Sheikh. All are residents of village Sitapahari (Mistripara), P.O Sitapahari, P.S. Malpahari (O.P), District- Pakur (Jharkhand) ...... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Md. Yasir Arafat, Advocate. For the State : Mr. Sanjay Kumar Srivastava, A.P.P. …..... 06/11.06.2025: This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences registered under Section(s) 448, 313, 323, 34 IPC. Heard learned counsel for the petitioner(s) and learned APP for the State at length and had gone through the documents, annexed along with this application. The allegation against the petitioners is that as the goats have entered into the field of the complainant, the complainant drove the goats away. The petitioners became annoyed and entered the house and assaulted the complainant. There is specific allegation against petitioner No. 2- Akida Bibi of kicking the complainant, who was pregnant, which resulted in termination of pregnancy. So far as allegation against other two petitioners is concerned, it is only of slapping the complainant. Considering the aforesaid allegation, I am not inclined to allow this anticipatory bail application, so far as petitioner No. 2- Akida Bibi is concerned. Accordingly, this application qua petitioner No. 2- Akida Bidi is rejected. So far other petitioners are concerned, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner No. 1- Gaftar Sheikh @ Gaffar Sheikh and petitioner No. 3- Manirul Sheikh @ Monirul Sk are directed to surrender before the court below within four weeks from today and in the event of their surrender/arrest, the court below is directed to enlarge them on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Pakur, in connection with Pakur Malpahari P.S. Case No. 103 of 2024, subject to condition that one of the bailers should be close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)