Jharkhand High Court
Somaiya Praveen @ Somaiya Khatoon @ … vs The State Of Jharkhand …. …. …. … on 11 April, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
( 2025:JHHC:11240 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1211 of 2025
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1. Somaiya Praveen @ Somaiya Khatoon @ Sumaiya, Aged about 30
years, Wife of Md. Nazir Mian,
2. Nazir Ahmad @ Md. Nazir Mian, Aged about 45 years, Son of Noor
Mohammad,
Both are Resident of Giri babu lane, Islamia Hospital, P.O.+P.S.-
Bow Bazar, Kolkata, District- Kolkata, W.B.
3. Sana Khatoon @ Sana Alfia, Aged about 24 years, Daughter of Late
Mohammad Anwar,
4. Mohammad Sakir Ansari @ Sakir Miya, Aged about 26 years, Son of
Mohammad Sadique Mian,
5. Mohammad Akib Ansari @ Akib Mian, Aged about 27 years, son of
Mohammad Sadique Mian,
6. Mohammad Sadique Ansari @ Mohammad Sadique @ Sadique
Ansari @ Md. Sadique, Aged about 65 years, Son of Abdul Barik,
7. Most. Razi Aisha @ Razia Aisha, Aged about 55 years, Wife of Late
Mohammad Anwar,
All above are resident of village- Bank Dangra, P.O.- Barachatti, P.S.-
Mohanpur, District- Gaya, Bihar
8. Mohammad Nafish @ Nafish Mian, Aged about 35 years, Son of
Mohammad Sadique Mian, resident of village- Rampurba (Betiya),
P.O.+P.S.- Betiya, District- Champaran West, Bihar
…. …. …. Petitioners
Versus
The State of Jharkhand …. …. …. Opposite Party
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CORAM : HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mrs. Sadhna Kumar, Advocate
For the State : Mr. Naween Kr. Ganjhu, Addl.P.P
——
Order No.03 Dated-11-04-2025
I.A. No.4041 of 2025
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory
application has been filed with a prayer for early hearing of the instant
Anticipatory Bail Application.
Since hearing of the instant Anticipatory Bail Application is taken up
today, hence, this interlocutory application is disposed of being infructuous.
(Anil Kumar Choudhary, J.)
A.B.A. No.1211 of 2025
1. Apprehending their arrest in connection with Chatra Sadar (Mahila)
P.S. Case No.11 of 2024 instituted under Section 341/323/504/506/376/511/
498(A)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition
Act, the petitioners have moved this Court for grant of privileges of
anticipatory bail.
2. Learned counsel for the petitioners does not press prayer for
anticipatory bail application in respect of petitioner No.5 namely
Mohammad Akib Ansari @ Akib Mian.
3. Hence, the prayer for anticipatory bail application in respect of
petitioner No.5 namely Mohammad Akib Ansari @ Akib Mian is rejected as
not pressed.
4. So far as petitioner No.1 to 4 and the petitioner No.6 to 8 is
concerned, learned counsel appearing for the petitioners submits that the
allegation against them is that they treated the informant with cruelty in
connection with demand of dowry, being the relatives of her husband. It is
submitted that the allegation against the said petitioners is false. It is then
submitted that because the informant herself did not want to stay with her
in-laws, hence, she has foisted this false case. It is also submitted that the
petitioner No.1 is married nanad (sister-in-law) of the informant, petitioner
No.2 is husband of the petitioner No.1 and both are living in Kolkata. It is
also submitted that petitioner No.4 is maternal uncle of the husband of the
informant and he is also living separately. It is then submitted that petitioner
No.6 being the maternal grand-father of the husband of the informant is also
living separately. It is further submitted that the said petitioners undertake
not to annoy or disturb the informant in any manner during the pendency of
the case. It is lastly submitted that the said 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.
5. Learned Addl.P.P. appearing for the State opposed the prayer for
anticipatory bail of the said petitioners.
6. Considering the submissions of learned counsels and the facts and
circumstances stated above, I am inclined to grant privileges of anticipatory
bail to the said petitioner. Accordingly, the said 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
Rs.10,000/- each as cash security 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 SDJM, Chatra in connection with Chatra Sadar
(Mahila) P.S. Case No.11 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 they will not annoy or disturb the informant in any manner
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.)
Saroj/