MD MUSTAKIM ANSARI @ MUSTAKIM v. THE STATE OF JHARKHAND
A.B.A./2086/2025 · 2025-03-28
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8431 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8431 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2086 of 2025
------ Md. Mustkim Ansari @ Mustakim, aged about 46 years, s/o Md. Yunush Ansari Ansari, r/o Budhiyakhad , Neemtalla, P.O. & P.S.-Giridih, Dist.-Giridih
… Petitioner
Versus
1. The State of Jharkhand
2. Kahkasa Parvin, w/o Md. Mustakim Ansari, d/o late Samim Ansari, r/o Budhiyakhad, Neemtalla, P.O. & P.S.- Giridih, Dist.-Giridih. At present r/o Chandmari, P.O. & P.S.-Madhupur Sub Div. Madhupur, Dist.-Deoghar
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Tarun Kr. No.1, Advocate For the State
: Mr. V.K. Vashistha, Spl. P.P. ------
Order No.02 Dated- 28.03.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 59 of 2023 registered for the offences punishable under sections 498A/323 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner treated the complainant-opposite party no.2 with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and the petitioner filed restitution for conjugal rights under Section 281 of Muslim Law and the same has been allowed and subsequently, this case has been instituted. It is further submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the trial of the case and further undertakes that he will not to annoy or disturb the complainant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Spl. 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.25,000/- 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 J.M.F.C., Madhupur, in connection with Complaint Case No. 59 of 2023 with the condition that the petitioner will cooperate with the trial of the case with further condition that he will not to annoy or disturb the complainant in any manner during the pendency of the subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-