Jharkhand High Court
Nurjaman Shekh @ Md. Nuruzzaman Shaikh vs The State Of Jharkhand on 20 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9818 of 2023
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Nurjaman Shekh @ Md. Nuruzzaman Shaikh, s/o Md. Atahar
Ali, aged about 24 years, r/o Village-Radipur, P.O. & P.S.-
Maheshpur, Dist.-Pakur, Jharkhand
... Petitioner
Versus
1. The State of Jharkhand
2. Khadija Khatun, d/o Anarul Shekh, w/o Nurjaman Shekh,
r/o Village-Radipur P.O. & P.S.-Maheshpur, Dist.-Pakur,
Jharkhand … Opposite Parties
——
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
——
For the Petitioner : Mr. Yasir Arafat, Advocate
For the State : Mr. Anup P. Topno, Addl. P.P.
——
Order No.08 Dated- 20.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with
Maheshpur P.S. Case No.50 of 2023 (G.R. No. 612 of 2023)
registered under sections 498A/354B/341/323/504/506/313/34 of
the Indian Penal Code, Section 3/4 of D.P. Act and under Section 4
of Muslim Women (Protection of Right on Marriage) Act, 2019.
The Learned counsel for the petitioner submits that the
allegation against the petitioner is that the petitioner treated the
informant with cruelty in connection with demand of dowry and
caused hurt to her and also insulted her to provoke breach of
peace. It is further submitted that the allegations against the
petitioner are all false and are general and omnibus in nature. It is
next submitted that the exaggeration made in the petition has been
found to be false during the investigation of the case hence, the
police submitted charge sheet after investigation of the case
finding only the offences punishable under Sections 498A/ 341/
323/ 504/ 34 of Indian Penal Code and under Section 3/4 of D.P.
Act, to be true. It is next submitted that the petitioner is ready and
willing to resume conjugal life with the informant-opposite party
no.2 if and when the informant-opposite party no.2 is ready and
willing to resume conjugal life with the petitioner. It is then
submitted that the petitioner undertakes to furnish sufficient
security including cash security and also undertakes to cooperate
with the investigation of the case. Hence, it is submitted that the
petitioner be given the privilege of anticipatory bail.
Learned Addl. 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
above named 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 C.J.M., Pakur,
in connection with Maheshpur P.S. Case No.50 of 2023 (G.R. No.
612 of 2023) with the condition that the petitioner will cooperate
with the investigation of the case and appear before the
Investigating Officer as and when noticed by him and will furnish
his mobile number and a copy of his Aadhar Card in the court
below with the undertaking that he will not change his mobile
number during the pendency of the case with further condition
that the petitioner will keep and maintain the opposite party no.2
with full dignity and honour as his lawful wife if and when the
opposite party no.2 is ready and willing to resume conjugal life
with the petitioner subject to the conditions laid down under
Section 438 (2) of Cr.P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
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