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2025 DAILYLAW 27716 (JHR)

MD MUSLIM ALIAS MUSKIYAM v. THE STATE OF JHARKHAND

A.B.A./7807/2024 · 2025-07-03

Sri Ananda Sen

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:17736 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7807 of 2024 ---- 1. Md. Muslim @ Muskiyam, S/o Nur Mahammad, 2. Fahima Khatoon, W/o Md. Muslim @ Muskiyam, 3. Md. Azim, S/o Md. Muslim @ Muskiyam All residents of Village -Daniyad, P.O.- Koriyauna, P.S. Govindpur, Dist- Nawada, Bihar. … Petitioners Versus The State of Jharkhand … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Binod Kumar Singh, Advocate For the State: Mr. Sanat Kumar Jha, A.P.P. For the Informant : Mr. Ajay Kumar Trivedi, Advocate Mr. Rakesh Kumar Trivedi, Advocate Ms. Dipa Kumari, Advocate ---- 05/ 03.07.2025 This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest in connection with Sadar (Bara Bazar) P.S. Case No. 277 of 2023 registered for offences alleged under Sections 304B and 34 of the Indian Penal Code, pending before the Court of the Chief Judicial Magistrate, Hazaribagh. 2. It has been alleged by the informant that her daughter was married to Md. Mustakim. After some time of the marriage her daughter was harassed mentally and physically for demand of dowry inspite of the fact that she was given Rs.5 lakhs cash with jewellery and other household items at the time of marriage. She was forced to take abortion pills due to which her health deteriorated and in course of treatment she died. 3. Learned counsel for the petitioners submitted that the deceased was at her matrimonial home for only 2 months and thereafter was living at her paternal home for more than 15 months till her death. There is no demand of dowry made by the petitioners. The husband of the deceased used to live in Kolkata and visited the house of his in laws regularly and also sent money in the account of the informant or her daughter. He was in Kolkata from 01.04.2023 to 24.06.2023. 4. Learned APP has vehemently opposed the prayer of the petitioners for grant of anticipatory bail and submitted that the deceased was subjected to inhuman treatment by the accused persons as they did not give 2025:JHHC:17736 -: 2 :- her food, assaulted her and demanded her Rs.3,00,000/-. They also threatened her that they will solemnize second marriage of her husband. They took away all the jewelleries of the informant and still have it in their possession. 5. In order to consider the arguments of the parties, I have gone through the available records including the Case Diary. From the statements of the witnesses recorded in course of investigation, it transpires that all of them have stated that 6-7 days prior to the death of the deceased, petitioners had visited the house of the informant, but none of the witnesses have stated anything about administering of abortion pills by the petitioners. Considering the nature of allegation, the materials collected during investigation as also the fact that the husband was on regular visiting terms to the paternal house of the victim, I am inclined to allow this anticipatory bail application. The petitioners, named above, are directed to surrender before the Court below within four weeks from today and in the event of their surrender and/or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Bara Bazar) Police Station Case No.277 of 2023, subject to the condition that one of the respective bailers should be close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 6. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03