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2025 DAILYLAW 26296 (JHR)

ISMAIL SK v. THE STATE OF JHARKHAND

A.B.A./6413/2024 · 2025-05-09

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:14064 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6413 of 2024 Ismail Sk, son of Almuddin Sk, resident of village Boel Tola, Dakshin Pyarpur, P.O Pyarpur, P.S. Radhanagar, District- Sahibganj ..... Petitioner(s). Versus 1. The State of Jharkhand 2. Firdosi Bibi, wife of Ismail Sk, at present resident of Manihari Tola Bhatta, P.O Pyarpur, P.S. Radhanagar, District- Sahibganj. … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Gautam Kumar & Ashutosh Kumar Sinha, Advocates. For the State : A.P.P. For O. P. No. 2 Mr. Yasir Arafat, Advocate. …..... 04/09.05.2025: Heard the parties. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nyaya Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Complaint Case No. 998 of 2023, for offences under Sections 323, 498A IPC and Section 3/ 4 of the Dowry Prohibition Act, pending before the Court of learned J.M. 1st Class, Rajmahal. . Learned A.P.P. representing the State and counsel for the opposite party No. 2 oppose the anticipatory bail application vehemently. Admitted fact is that the case arises out of a complaint. Cognizance has been taken in this case and summon has been issued. Thus, no useful purpose would be served to keep the petitioner behind bars. Also, in a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. Since the cognizance has already been taken and summon has been issued in this case, the petitioner is directed to appear before the Court concerned, who will pass appropriate order in terms of the judgments of the Hon’ble Supreme Court. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. Anu/-C.P.-3 (ANANDA SEN, J.)