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2025 DAILYLAW 25224 (JHR)

MD.ISRAIL ALLIAS ISRAIL MIYAN AND ANR v. THE STATE OF JHARKHAND

A.B.A./6783/2024 · 2025-04-02

Anil Kumar Choudhary

body2025

Judgment text

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(2025:JHHC:10293) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6783 of 2024 ------ 1. Israil Miyan @ Md. Israil, S/O- Salamat Miyan @ Md. Salamat, aged abour 39 years, R/o- Village: Kolkole Khurd, P.O+ P.S: Lawalong, District: Chatra, (Jharkhand), Pin: 825103, Aadhar No: 2592 4897 2208. 2. Sadab Miyan @ Sadab Alam, S/O and represented through Natural Guardian Md. Ayub Ansari @ Ayub Ansari aged about- 16 years, R/O- Village- Chukru, P.O+P.S- Lawalong, Dist: Chatra, (Jharkhand), Pin: 825103, Aadhar No: 580544541282 .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Agnivesh, Advocate Mr. Shashikant Jaiswal, Advocate Ms. Anshu Kumari, Advocate For the State : Mr. Santosh Kr. Shukla, Addl.P.P ------ Order No.03 Dated-02-04-2025 I.A. No.3859 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant Anticipatory Bail Application. Since the hearing of this Anticipatory Bail Application is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.6783 of 2024 Apprehending their arrest in connection with Lawalong P.S. Case No.36 of 2024 instituted for the offences punishable under Section 448/341/ 323/325/354/34 of the Indian Penal Code and Section 8 of POCSO Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons consequent upon the co-accused Mahtab Alam was caught red handed while committing sexual harassment of the minor victim girl of the informant, trespassed to her house, outraged the modesty of the female members of the family, caused grievous hurt to them, after breaking open the lock. It is submitted that the allegation against the petitioners is false. It is then submitted that from the side of the petitioners, Lawalong P.S. Case No.37 of 2024 has been instituted. It is then submitted that the petitioner No.2 is a child in conflict with law. It is further submitted that the petitioner No.2 will not annoy or disturb the informant of any of his family members in any manner during the pendency of the case. It is further submitted that the petitioners are ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P. appearing for the State submits that the allegation against the petitioner No.1 is serious in nature; hence, custodial interrogation of the petitioner No.1 is required during the investigation of the case for recovery of the weapons of offence and the details of the case. Hence, it is submitted that the petitioner No.1 ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner No.1 as well as the requirement of his custodial interrogation during the investigation of the case for recovery of the weapons of offence and the details of the case, this Court is not inclined to give the privileges of anticipatory bail to the abovenamed petitioner No.1. Accordingly, the prayer for grant of privileges of anticipatory bail to the abovenamed petitioner No.1 is rejected. Keeping in view that the petitioner No.2 is a child in conflict with law, this Court is inclined to grant privileges of anticipatory bail to the petitioner No.2. Accordingly, the petitioner No.2 is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Chatra in connection with Lawalong P.S. Case No.36 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not disturb or annoy the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/