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2025 DAILYLAW 8106 (JHR)

SAILUN BIBI ALIAS LAIKHUN BIBI v. THE STATE OF JHARKHAND

A.B.A./1818/2025 · 2025-03-24

Anil Kumar Choudhary

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1818 of 2025 ------ 1. Sailun Bibi @ Laikhun Bibi, aged about 54 years, W/o-Bigan Miyan. 2. Saddam Ansari, aged about 29 years, S/o-Bigan Miyan. Both residents of vill-Bahera, P.O.-Loharsi, P.S.-Pipratand, Dist.- Palamau (Jharkhand). .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Md. Faruque Ansari, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl.P.P. ------ Order No.02 Dated- 24/03/2025 Heard the parties. Apprehending their arrest in connection with Pipratand P.S. Case No.09 of 2024 instituted for the offences punishable under Section 304B/34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons have committed the dowry death of Suhana Khatun. It is submitted that the allegation against the petitioners is false. It is next submitted drawing attention of this court to the deposition of the informant; who was examined as PW-3 in ST Case No.479 of 2024, in which case the trial was faced by the husband and son of the petitioner no.1, that therein the informant has categorically stated in para-6 of his deposition that the Suhana Khatun was living happily in her matrimonial house and no demand of dowry was ever made by in-laws of Suhana Khatun. It is next submitted that Suhana Khatun was mentally weak and even after her marriage, there was no improvement in her mental health and considering the materials available in the record, the learned Additional Sessions Judge-V, Palamau at Daltonganj has acquitted the husband and son of the petitioner no.1 vide judgement dated 04.02.2025 in S.T. Case No.285 of 2024. It is lastly submitted that the 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. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the 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 cash security of Rs. 10,000/- each 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 J.M.-1st Class, Palamau at Daltonganj (Jharkhand) in connection with Pipratand P.S. Case No.09 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/