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2025 DAILYLAW 23726 (JHR)

MUSTAK ANSARI v. THE STATE OF JHARKHAND

A.B.A./4988/2025 · 2025-09-01

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:26369] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4988 of 2025 1. Mustak Ansari aged about 38 years, Son of Hafiz Ansari 2. Sabnam Bibi aged about 32 years Wife of Mustak Ansari Resident of Village- Bari, Huchalu, P.O- and P.S-, Chandwa, District- Latehar. ..... … Petitioners Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. A.K. Chaturvedi, Advocate. For the State : Mr. Tarun Kumar, A.P.P. ------ 04/ 01.09.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State. 2. The petitioners are apprehending their arrest in connection with Chandwa P.S. Case No. 49 of 2025, registered for the offences under Sections 191,190,115,117,127, 308(1), 308(5),109 and 103(2) Bharatiya Nyaya Sanhita, 2023, pending in the court of learned Chief Judicial Magistrate, Latehar. 3. Learned counsel appearing for the petitioners submits that the petitioners have lodged an FIR being Chandwa P.S. Case No. 32 of 2025 on 02.02.2025 against the deceased, alleging therein that 15 years old daughter of the petitioner has been molested and the case has been registered under Sections 74, 75(1) and 76 of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of POCSO Act. He submits that after 22 days, the deceased was found dead and the allegations are made that 50 to 60 persons have assembled on the spot, however, in the FIR, four persons have been named and further there are allegations against 50 to 60 unknown persons. He further submits that both the petitioners are [2025:JHHC:26369] -2- named in the FIR and only general and omnibus allegations are there against them. He submits that one other named co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 2964 of 2025 by the co-ordinate bench. 4. Learned A.P.P. for the State has opposed the prayer and submits that allegations are there against all the accused persons of assault and the injury is found to be grievous. 5. Considering that there are allegations against 50 to 60 persons, who are assembled at the place of occurrence of assaulting the deceased, however, petitioners are named in the FIR and one of the named co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 2964 of 2025 by the co-ordinate bench, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Latehar, in connection with Chandwa P.S. Case No. 49 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-