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2025 DAILYLAW 5906 (JHR)

MUSARRAF SHEIKH ALIAS MUSARRAF SHEKH v. THE STATE OF JHARKHAND

A.B.A./1270/2025 · 2025-07-03

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:17712 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1270 of 2025 ---- Musarraf Sheikh @Musarraf Shekh, S/o Firoj Sheikh, R/o Fulwariya, P.O. & P.S. Rajmahal, District- Sahibganj. … Petitioner Versus 1. The State of Jharkhand 2. Victim … Opposite Parties ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Pratiush Lala, Advocate For the State: Ms. Mahua Palit, A.P.P. ---- 03/ 03.07.2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Radhanagar P.S. Case No. 222 of 2024 registered for offences alleged under Sections 126(2), 127(2), 127(4), 69, 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of the Judicial Magistrate First Class, Rajmahal. 3. As per the First Information Report, it has been alleged that the petitioner on the false assurance of marriage after abducting the informant, took her to West Bengal and locked her in a room and established physical relation on several occasions. 4. Learned counsel for the petitioner submits that the informant raised no hue and cry while the petitioner took her with him. The informant admits to be residing in the rented house along with the petitioner for several days. The petitioner after returning to Rajmahal, used to send money for the informant’s livelihood. The informant was comfortably and voluntarily staying in the rented house at Malda and never tried to flee or raise any alarm. 5. Learned APP has vehemently opposed the prayer of the petitioner for grant of anticipatory bail and submits that the allegation against the petitioner is direct and a serious one. 6. After hearing the counsel for the parties and going through the materials on record, I find that the informant-victim is a divorcee and can be said to be a consenting party, who was voluntarily residing with the petitioner. It has come during investigation that the petitioner was also sending money to 2025:JHHC:17712 -: 2 :- the victim from time to time. Considering the said facts, I am inclined to allow this anticipatory bail application. The petitioner, named above, is directed to surrender before the Court below within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Rajmahal in connection with Radhanagar Police Station Case No.222 of 2024, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 7. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03