SHEIKH SHAMSHIR ALIAS SAMSIR SIDDIKI ALIAS SAMSIR SIBBIKI v. THE STATE OF JHARKHAND
A.B.A./5882/2025 · 2026-01-20
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5059 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5059 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5882 of 2025
Sheikh Shamshir @ Samsir Siddiki @ Samsir Sibbiki, aged about 29 years, Son of Isteyak Siddiki, Resident of Ward No. 12, Village-Chumra, P.O.- Chaki, Tehshil & P.S.-Ramanujganj, Dist. Balrampur, Chhattisgarh 497220.
..... … Petitioner
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Md. Imtiyaz Khan, Advocate.
For the State
: Mr. Gautam Rakesh, A.P.P. For the Informant : Mr. S.T. Sajid, Advocate. ------
07/ 20.01.2026 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel appearing for the informant.
2.
The petitioner is apprehending his arrest in connection with Meral P.S. Case No. 173 of 2024, registered for the offence under Sections 115(2), 126(2), 109(1), 117(2), 85, 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of Dowry Prohibition Act, pending in the court of learned S.D.J.M., Garhwa.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of the deceased and false allegations are made of torture and assault, pursuant to that the deceased has died. He next submits that the said allegation is said to be dated 26.08.2024, wherein the FIR has been registered on 05.10.2024. He further submits that the case diary has been called by the last order of this court, which has been received, wherein the statement of independent witnesses have been recorded under Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023 and in paras-40 and 41 thereof, they have stated that the petitioner along with his wife has
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gone to watch the Moharram procession and in the meantime, the accident took place, in view of that the wife has received injuries and subsequently, she died.
4.
Learned A.P.P. appearing for the State and learned counsel appearing for the informant have jointly opposed the prayer and submit that the petitioner is the husband of the deceased and allegations are there of torturing the deceased and making the demand of dowry.
5.
Considering the statements made in paras-40 and 41 of the case diary and the statement of the witnesses, wherein it has come that while the petitioner and his wife have gone to watch the Moharram procession, the accident took place and his wife has sustained injuries and subsequently she has died and further said occurrence is said to be dated 26.08.2024, wherein the FIR has been registered on 05.10.2024, in that view of the matter, the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper.
(Sanjay Kumar Dwivedi, J.) Dated:-20.01.2026 Amitesh/-