Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 6339 (JHR)

RIYAZ MIAN ALIAS MD RIYAZ v. THE STATE OF JHARKHAND

A.B.A./1554/2025 · 2025-03-07

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1554 of 2025 ------ Riyaz Mian @ Md. Riyaz, aged about 40 years, son of Late Riyasat Miya, Resident of village –Amli Moktama, P.O. & P.S. –Daru, Dist. –Hazaribag. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P. ------ Order No.02 Dated- 07.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Daru P.S. Case No.103 of 2024 registered for the offences punishable under Sections 74/75/76/78/79/61(2)/303(2)/351 of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner outraged the modesty of the informant and snatched away the gold chain of the informant and also influenced the husband of the informant to solemnize second marriage. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-14 of the instant anticipatory bail application. It is next submitted that because of some marital discord of the informant with her husband, the informant has falsely implicated the petitioner only because the petitioner is friend of her husband. It is further submitted that there is an inordinate delay in lodging the F.I.R. on 01.09.2024; though the alleged occurrence took place on 09.08.2024. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Hazaribag, in connection with Daru P.S. Case No.103 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-