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2025 DAILYLAW 41501 (JHR)

MD HALIM v. THE STATE OF JHARKHAND

A.B.A./6897/2025 · 2025-12-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:36710 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6897 of 2025 1. Md. Halim, aged about 34 years, son of Md. Kurban. 2. Md. Alitab @ Alitab Ansari, aged about 25 years, son of Md. Kurban. 3. Jamila Bibi, aged about 52 years, wife of Md. Kurban. All are residents of Village Gangti, P.O. and P.S. Jasidih, District Deoghar, Jharkhand. …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Arvind Kr. Choudhary, Advocate For the State : Mr. Tarun Kumar, A.P.P. ------ 2/08.12.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Jasidih P.S. Case No. 175 of 2025, registered for the offences under Section 116(b), 115(2), 109, 85, 351(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 & 4 of the Dowry Prohibition Act, pending in the Court of the Learned Additional Chief Judicial Magistrate, Deoghar. 3. Learned counsel appearing for the petitioners submits that the petitioner No.1 is the husband, petitioner No.2 is the brother-in-law and petitioner No.3 is mother-in-law of the informant. He also submits that there are general and omnibus allegation of torturing, demand of dowry and assault. He next submits that the alleged occurrence is alleged to be of 26.06.2025, whereas the FIR has been lodged on 29.06.2025. He next submits that the informant has filed a maintenance case being Maintenance Case No.177 of 2024 in the competent Court of Jamui, Bihar on 23.10.2024, whereas the alleged 2025:JHHC:36710 2 occurrence is the district of Deoghar. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations of torture and demand of dowry are there. 5. Considering that petitioner No.1 is the husband, petitioner No.2 is the brother-in-law and petitioner No.3 is mother-in-law of the informant, there are general and omnibus allegation, the maintenance case has been lodged in the State of Bihar, whereas the present case has been lodged in the district of Deoghar and the alleged occurrence is dated 26.06.2025 whereas the FIR has been lodged on 29.06.2025, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Additional Chief Judicial Magistrate, Deoghar, in connection with Jasidih P.S. Case No. 175 of 2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 08.12.2025 R.Kumar