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2025 DAILYLAW 31008 (JHR)

FAIYAZ MANSURI ALIAS FAIYAZ MANSOORI v. THE STATE OF JHARKHAND

A.B.A./430/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 430 of 2025 ------ Faiyaz Mansuri @ Faiyaz Mansoori, aged about 32 years, s/o Maulu Ansari, resident of Village-Lakarmara, P.O.-Choti Lakarmara, P.S.-Balbadda, Dist.-Godda, Jharkhand … Petitioner Versus 1. The State of Jharkhand 2. Sulekha Khatoon, wife of Faiyaz Mansuri, resident of Village -Lakarmara, P.O.-Choti Lakarmara, P.S.-Balbadda, Dist.-Godda, at present address-d/o Rafiq Mansuri, r/o Kamalpur, P.O.& P.S.-Sanohalla, Dist. Bhagalpur (Bihar) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rakesh Ranjan, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P. ------ Order No.02 Dated- 24.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Belbadda P.S. Case No.42 of 2023 (G.R. No. 1257 of 2023) registered under sections 341/323/379/504/498A/34 of the Indian Penal Code, Section 3/4 of D.P. Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner treated the informant-opposite party no.2 with cruelty in connection with demand of dowry and committed theft of her jewelry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is next 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 It is then submitted that the informant has withdrawn herself from the society of the petitioner as the petitioner did not agree to her pressure of leaving his parents. It is further 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 he will not to annoy or disturb the informant in any manner during the pendency of the case. 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 abovenamed 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 S.D.J.M., Godda, in connection with Belbadda P.S. Case No.42 of 2023 (G.R. No. 1257 of 2023) 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 and will not to annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-