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2025 DAILYLAW 30360 (JHR)

MD. MISTER ALAM ALIAS SONU ALIAS MISTAR ALAM v. THE STATE JHARKHAND

A.B.A./8119/2024 · 2025-01-16

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8119 of 2024 ------ Md. Mister Alam @ Sonu @ Mistar Alam aged about 31 yrs. Son of Md. Jalil, resident of Village-Kolkole, P.O. & P.S.-Lawalong, District- Chatra. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Aafri Khatoon @ Afsari Khatoon daughter of Md. Jasim, resident of Village-Kolkole, P.O. & P.S.-Lawalong, District-Chatra. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sushant Kr. Sinha, Advocate For the State : Mr. Someshwar Roy, Addl.P.P. ------ Order No.02 Dated- 16/01/2025 Heard the parties. Apprehending his arrest in connection with Lawalong P.S. Case No.59 of 2024 instituted under Sections 126(2), 115(2), 85, 3(5) of the B.N.S., 2023, Section 3/4 of the Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant, treated her with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are false, general and omnibus in nature. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and to keep and maintain the informant with full honour and dignity as his lawful wife, as and when she resumes conjugal life with him. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner 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 bail on depositing Rs.25,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra in connection with Lawalong P.S. Case No.59 of 2024 with the condition that he will co- operate with the investigation of the case and he will keep and maintain the informant with full honour and dignity as his lawful wife as and when she resumes conjugal life with him and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/