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2025 DAILYLAW 40089 (JHR)

HAMID KHAN ALIAS TAHMID KHAN v. THE STATE OF JHARKHAND

A.B.A./5240/2025 · 2025-12-20

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:38373 ) --1-- IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5240 of 2025 ---- Hamid Khan @ Tahmid Khan , aged about 21 years, son of Kalim Khan, resident of Village Lawagain, P.O and P.S Kuru, District Lohardaga, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand. .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Atanu Banerjee, Advocate For the State :- Mr. Vijoy Kr. Sinha, A.P.P. For the Informant :- Md. Zaid Ahmed, Advocate ---- 04/20.12.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Kuru P.S Case No. 66 of 2025, for the alleged offences registered under Section 108 of the Bharatiya Nyaya Sanhita, pending in the Court of learned Judicial Magistrate, 1st Class, Lohardaga. 3. Learned counsel appearing for the petitioner submits that the petitioner is a young boy aged about 21 years who has completed his study up to Intermediate level. He further submits that false allegation is made against the petitioner that the deceased has committed suicide by taking poison and the grandfather has lodged the case alleging that the petitioner has instigated for the same. He further submits that the informant has realized his mistake and in view of that he has compromised the matter with the petitioner and for the same ( 2025:JHHC:38373 ) --2-- I.A No. 14861 of 2025 has been filed, wherein he has stated that due to having wrong information, the name of the petitioner has been stated in the F.I.R. 4. Learned counsel appearing for the State opposes the prayer and submits that there is allegation against the petitioner of instigation. 5. Learned counsel for the Informant accepts the submissions advanced on behalf of the learned counsel for the petitioner, and submits that inadvertently and due to love and affection, the grandfather has lodged the case, but now compromise has been reached. 6. Considering that informant himself has stated in the I.A. No. 14861 of 2025, that out of love and affection of the granddaughter, the case has been lodged by him, but now a good sense has been prevailed between the parties, that has been disclosed in the joint petition filed by the informant and the petitioner, and both the sides have filed their separate affidavit in I.A No. 14861 of 2025, which is meant for joint compromise, and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to ( 2025:JHHC:38373 ) --3-- the satisfaction of learned, Judicial Magistrate, 1st Class, Lohardaga in connection with Kuru P.S Case No. 66 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Accordingly, IA No. 14861 of 2025 is allowed. 9. Pending petition if any, also stands disposed of. 20.12.2025 (Sanjay Kumar Dwivedi, J.) Abha/