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2026 DAILYLAW 25433 (JHR)

MD. AINUL ANSARI @ ANUL MIYAN v. THE STATE OF JHARKHAND

B.A./7846/2026 · 2026-09-07

Anubha Rawat Choudhary

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Judgment text

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( 2026:JHHC:26815 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7846 of 2026 Md. Ainul Ansari @ Anul Miyan, aged about 43 years, S/o Akbar Miyan, R/o Village : Chourahi, PO & PS- Chandwara, District- Koderma. … … Petitioner Versus The State of Jharkhand. … … Opp. Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. A. K. Sahani, Advocate For the State : Mr. Santosh Kr. Shukla, APP --- 06/07.09.2026 Heard the learned counsel appearing on behalf of the parties. 2. The counter-affidavit filed during the court’s proceeding is taken on record. 3. The learned counsel for the petitioner submits that the petitioner is in custody since 05.07.2026 in connection with Chandwara P.S. Case No.48 of 2026, for the offences registered under Sections 332 (b) / 64 (1) / 62/ 351 (2) of the B.N.S. 2023 [corresponding Sections 450 / 376/ 511 / 504 of IPC] and the case is pending in the court of learned Judicial Magistrate 1st Class, Koderma. 4. The learned counsel for the petitioner submits that victim is admittedly major, about 35 years old and the allegation is that the petitioner entered into the house and tried to commit rape upon her and ultimately, he ran away. 5. He further submits that FIR was lodged after three days of occurrence. The statements of the close relatives and neighbours have been recorded wherein they have stated that they came to the place of occurrence and she complained that an attempt of rape was made upon her. 6. He submits that Charge-sheet has already been submitted on 21.07.2026 and in the impugned order, it has been mentioned that investigation is going on and the same became the reason for rejection of bail in the court below. The impugned order is of dated 27.07.2026. He submits that it is quite possible that charge-sheet might not have been forwarded to the Court concerned. 7. Learned counsel for the opposite party-State has opposed the prayer. He has submitted that the statement of the victim has been ( 2026:JHHC:26815 ) recorded under Section 183 BNSS, 2023. The victim has stated that the rape was committed upon her, therefore, charge-sheet has been submitted for the alleged offence under Sections 332(b) / 64 (1)/ 62 / 351 (2) of the BNS, 2023. 8. Upon this, learned counsel for the petitioner has submitted that in her medical examination, no evidence of recent sexual offence was found. 9. After hearing the learned counsel for the parties and considering the fact that charge-sheet has already been submitted and in the FIR, there is only allegation of attempting to commit rape upon the victim, this Court is inclined to enlarge the petitioner on regular bail. 10. Accordingly, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Koderma in connection with Chandwara P.S. Case No.48 of 2026, on the following conditions: (i) One of the bailors would be the present pairvikar of the petitioner. (ii) The other bailor should be his close relative. (iii) The petitioner will attend the court on each and every date and on account of his single default, the learned court shall cancel the bail bond furnished by the petitioner. (iv) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court. (v) The petitioner shall fully co-operate with the proceedings before the learned court below. 11. The instant bail application is allowed with the aforesaid conditions. 12. Let this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through FAX/e-mail. (Anubha Rawat Choudhary, J.) 07.09.2026 Uploaded sandeep/