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2025 DAILYLAW 6154 (JHR)

MD MUSLIM ANSARI v. THE STATE OF JHARKHAND

A.B.A./1207/2025 · 2025-07-07

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:18560 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1207 of 2025 ---- 1. Md. Muslim Ansari, S/o Gulaman Miyan, 2. Mobina Bibi @Hako Bibi, W/o Md. Muslim Ansari 3. Samina Bibi, W/o Md. Muslim Ansari All resident of Village- Maadan, P.O. & P.S. Panki, District Palamau. … … Petitioners Versus The State of Jharkhand ... … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Abhay Kumar Chaturvedy, Advocate For the State: Ms. Mahua Palit, A.P.P. ---- 03/ 07.07.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita has been preferred by the petitioners apprehending their arrest in connection with Panki P.S. Case No.162 of 2023, registered for offences alleged under Sections 304-B and 120B of the Indian Penal Code, pending in the Court of the Chief Judicial Magistrate, Palamau. 3. As per the First Information Report, it has been stated by the informant that his sister was married to Hasibullah Ansari. It has been alleged that immediately after her marriage, the husband and the in-laws started torturing and assaulting her. They used to demand one motorcycle or Rs.1.50 lakh. It is alleged that the accused persons have killed his sister on 09.12.2023 for dowry. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners have never assaulted or tortured the deceased due to non-fulfillment of dowry demand. The husband of the deceased had faced trial and was acquitted by the Additional Sessions Judge, Palamau. 5. Learned A.P.P. appearing for the State has vehemently opposed the prayer of the petitioners for grant of anticipatory bail and submits that the deceased died within 07 years of marriage in her in-laws house in other than normal circumstances. There is serious allegation against the petitioners. 6. After hearing the counsel for the parties and going through the records, I find that in the trial of the husband, most of the witnesses turned hostile, so he was acquitted. Considering the said facts, I am inclined to grant privilege of anticipatory bail to the petitioners. The petitioners, named above, are directed to surrender before the Court concerned within four weeks from 2025:JHHC:18560 today and in the event of their surrender and/or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Palamau in connection with Panki P.S. Case No. 162 of 2023, subject to the condition that one of the respective bailers should be close relative of the petitioners 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