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2025 DAILYLAW 29678 (JHR)

MD. RAJAN SHARIF ALIAS MD. RAJAN v. THE STATE OF JHARKHAND

A.B.A./8183/2024 · 2025-01-13

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8183 of 2024 ------ Md. Rajan Sharif @ Md. Rajan, aged about 35 years, son of Md. Sharif Shah @ Md. Sharif Sai, resident of Village-Kajro, P.O. & P.S.-Bengabad, Dist.-Giridih … Petitioner Versus 1. The State of Jharkhand 2. Tabassum Khatoon, wife of Md. Rajan Sharif, daughter of Md. Badruddin, resident of Village-Kajro, P.O. & P.S.- Bengabad, Dist.-Giridih, presently residing at Village-Kosi, P.O.-Kosi, P.S.-Roh, Dist.-Nawada, Dist.-Bihar … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kamdeo Pandey, Advocate For the State : Mr. Rajneesh Vardhan, Addl. P.P. ------ Order No.02 Dated- 13.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bengabad P.S. Case No.113 of 2024 registered under sections 341/ 323/307/379/498A/34 of the Indian Penal Code and under Section 3/4 of D.P. Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated the informant-opposite party no.2 with cruelty in connection with demand of dowry and because of marital discord, this informant filed the complaint case which upon being referred to police under Section 156 (3) Cr.P.C., the FIR of this case has been instituted. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready and willing to resume conjugal life with the informant-opposite party no.2 if and when the informant-opposite party no.2 is ready and willing to resume conjugal life with the petitioner. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Giridih, in connection with Bengabad P.S. Case No.113 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that the petitioner will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife if and when the opposite party no.2 is ready and willing to resume conjugal life with the petitioner subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-