SOMAIYA PRAVEEN ALIAS SOMAIYA KHATOON@ SOMAIYA v. THE STATE OF JHARKHAND
A.B.A./1211/2025 · 2025-04-11
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5448 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5448 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:11240 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1211 of 2025
------
1. Somaiya Praveen @ Somaiya Khatoon @ Sumaiya, Aged about 30 years, Wife of Md. Nazir Mian,
2. Nazir Ahmad @ Md. Nazir Mian, Aged about 45 years, Son of Noor Mohammad, Both are Resident of Giri babu lane, Islamia Hospital, P.O.+P.S.- Bow Bazar, Kolkata, District- Kolkata, W.B.
3. Sana Khatoon @ Sana Alfia, Aged about 24 years, Daughter of Late Mohammad Anwar,
4. Mohammad Sakir Ansari @ Sakir Miya, Aged about 26 years, Son of Mohammad Sadique Mian,
5. Mohammad Akib Ansari @ Akib Mian, Aged about 27 years, son of Mohammad Sadique Mian,
6. Mohammad Sadique Ansari @ Mohammad Sadique @ Sadique Ansari @ Md. Sadique, Aged about 65 years, Son of Abdul Barik,
7. Most. Razi Aisha @ Razia Aisha, Aged about 55 years, Wife of Late Mohammad Anwar, All above are resident of village- Bank Dangra, P.O.- Barachatti, P.S.- Mohanpur, District- Gaya, Bihar
8. Mohammad Nafish @ Nafish Mian, Aged about 35 years, Son of Mohammad Sadique Mian, resident of village- Rampurba (Betiya), P.O.+P.S.- Betiya, District- Champaran West, Bihar
.... .... …. Petitioners
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mrs. Sadhna Kumar, Advocate
For the State
: Mr. Naween Kr. Ganjhu, Addl.P.P
------
Order No.03 Dated-11-04-2025 I.A. No.4041 of 2025
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer for early hearing of the instant Anticipatory Bail Application. Since hearing of the instant Anticipatory Bail Application is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.)
A.B.A. No.1211 of 2025
1. Apprehending their arrest in connection with Chatra Sadar (Mahila) P.S. Case No.11 of 2024 instituted under Section 341/323/504/506/376/511/ 498(A)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. 2. Learned counsel for the petitioners does not press prayer for anticipatory bail application in respect of petitioner No.5 namely Mohammad Akib Ansari @ Akib Mian. 3. Hence, the prayer for anticipatory bail application in respect of petitioner No.5 namely Mohammad Akib Ansari @ Akib Mian is rejected as not pressed. 4. So far as petitioner No.1 to 4 and the petitioner No.6 to 8 is concerned, learned counsel appearing for the petitioners submits that the allegation against them is that they treated the informant with cruelty in connection with demand of dowry, being the relatives of her husband. It is submitted that the allegation against the said petitioners is false. It is then submitted that because the informant herself did not want to stay with her in-laws, hence, she has foisted this false case. It is also submitted that the petitioner No.1 is married nanad (sister-in-law) of the informant, petitioner No.2 is husband of the petitioner No.1 and both are living in Kolkata. It is also submitted that petitioner No.4 is maternal uncle of the husband of the informant and he is also living separately. It is then submitted that petitioner No.6 being the maternal grand-father of the husband of the informant is also living separately. It is further submitted that the said petitioners undertake not to annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the said petitioners undertake to co- operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. 5. Learned Addl.P.P. appearing for the State opposed the prayer for anticipatory bail of the said petitioners. 6.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory
bail to the said petitioner. Accordingly, the said petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Chatra in connection with Chatra Sadar (Mahila) P.S. Case No.11 of 2024 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/