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High Court of Jharkhand · body

2025 DAILYLAW 30666 (JHR)

MD ILTAF v. THE STATE OF JHARKHAND

A.B.A./476/2025 · 2025-01-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.476 of 2025 ------ Md. Iltaf, aged about 32 years, S/O Late Afjal Hussain, Residence of House No.59, Bari Talab Road, Station Road, P.O. and P.S.- Itki, Dist- Ranchi. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sourabh Kr. Das, Advocate For the State : Mr. Tarun Kumar, Addl.P.P For the Informant : Mr. Jawed Sultan, Advocate ------ Order No.02 Dated- 28-01-2025 Heard the parties. Apprehending his arrest in connection with Itki P.S. Case No.71 of 2024 instituted under Sections 126 (2), 115 (2), 85, 89, 3 (5) of the B.N.S., 2023, 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, has treated her with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are all false and 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 agreed to between the parties that both the petitioner and the informant will appear before the trial court on 12.02.2025 and on that date the petitioner will take the informant to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife. Learned counsel for the petitioner lastly submits that the petitioner undertakes to co-operate with the investigation of the case. 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 on 12.02.2025 and in case the petitioner appears and surrenders before the learned trial court on 12.02.2025, he will be enlarged on bail on taking the informant to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife 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 J.M.-1st Class, Ranchi in connection with Itki P.S. Case No.71 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In case the informant does not appear before the learned court below on 12.02.2025 or refuses to resume conjugal life with the petitioner, still the petitioner will be enlarged on bail on 12.02.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Ranchi in connection with Itki P.S. Case No.71 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 casewith further condition that he will resume conjugal life with the informant as and when she joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/