MINHAJ JAFRI ALIAS MINHAZ ZAFRI v. THE STATE OF JHARKHAND
A.B.A./2123/2025 · 2025-07-08
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7908 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7908 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:18267 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2123 of 2025 ------ Minhaj Jafri @ Minhaz Zafri, aged about 40 years, S/o Abdul Rahman, R/o Abdul Karim Lane, Purani Ranchi, P.O. & P.S. Kotwali, District Ranchi, Jharkhand. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rishu Ranjan, Advocate For the State : Ms. Ruby Pandey, A.P.P. For the Informant : Mr. Abhishek Singh, Advocated ----- 03/ 08.07.2025
Heard the parties.
2.
This anticipatory bail application under Section 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 376(2)(N) of the Indian Penal Code.
3. Learned A.P.P. representing the State and informant opposes the prayer for anticipatory bail.
4.
The learned counsel for the petitioner submitted that the allegation against this petitioner is that he being the brother- in-law of the informant has allured the victim and thereafter entered into physical relationship.
5.
Learned counsel for the petitioner submits that there was ongoing dispute between the wife of this petitioner and i.e., the reason he has falsely been implicated in this case. He further submits that even if the allegation is taken to be true then also it is clear that the relationship continued from 2015 till filing of the F.I.R., i.e., till 2022 and there was no complaint from any side. He lastly submits that all parties i.e., his wife, the informant and this petitioner has resolved their disputes.
6.
Learned counsel appearing on behalf the informant submits that they have resolved their disputes.
7.
After hearing the parties, I find that there is an allegation of entering into physical relationship but this relationship continued from March 2015 and admittedly, the informant was
2025:JHHC:18267 2
major that point of time. Further, the entire disputes between the parties i.e., the petitioner, his wife and the victim has already been resolved.
8.
Considering the aforesaid facts, I am inclined to allow this application.
9.
Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, they 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 learned J.M. Ranchi, in connection with Namkum P.S. Case No.103 of 2022 arising out of Complaint Case No.3898 of 2022, subject to the condition that one of the bailers should be a close relative of the petitioner and he should be a resident of State of Jharkhand, having sufficient landed property in his 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.
(ANANDA SEN, J.) Sandeep. Cp-3