Disposed

MD Shahbaz Khan Alias Sunni v. the State of Jharkhand

Jharkhand HC14 Sept 2018A.B.A./3037/2018

Case brief

AI extract

What is this about?

The High Court ordered specific family court petitioners to surrender with relatives for re-working an agreement. It granted bail to in-law petitioners involved in the related criminal complaint case, directing them to furnish a bond and bonds of sureties under Section 438(2) of Cr.P.C.

What did the court decide?

Bail granted to specified in-law petitioners on furnishing bond of Rs. 25,000 with two sureties; directive to primary parties to surrender for re-working agreement.

MD Shahbaz Khan Alias Sunni Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 3037 of 2018

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Md. Shahbaz Khan @ Sunni 2. Md. Shahjad Khan @ Mintu 3. Chandni Naaz @ Chandni 4. Md. Irfan Khan @ Md. Irfan …… Petitioners Versus The State of Jharkhand & Anr …… Opposite Party With A.B.A.N0.4847 of 2018 Md. Antesam @ Md. Ahtesham ….. Petitioner. Versus The State of Jharkhand ….. Opposite Party

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With

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A.B.A. No. 4009 of 2018

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Shabnam Praveen @ Munni

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Naushad Khan @ Md. Naushad @ Md. Naushad Khan ……Petitioners

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Versus

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The State of Jharkhand

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Nigar Sultana …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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----- For the Petitioner : Mr. Anjani Kumr, Advocate For the State : A.P.P For the O.P.No.2 :Mr. Vikas Kumar, Advocate

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06/Dated: 14/09/2018

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Pursuant to order dated 19.07.2018 O.P.N0.2 is present but petitioner namely, Md. Antesam @ Md. Ahtesham in ABA No. 4847/2018, who is husband of O.P.No.2 is not present and in his place petitioner no.2 in ABA No. 4009/2018, namely, Naushad Khan @ Md. Naushad @ Md. Naushad Khan, who is father-in-law of O.P No.2 is present.

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Under order dated 19.07.2018 a report was called for from the Principal Judge, Family Court, Ranchi.

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Perused the report submitted by Smt. Prem Lala Tripathi, Addl. Pr. Judge, Family Court, Ranchi dated 01.09.2018, which reveals that the original copy of the agreement dated 2806.2018 received to this court from the DLSA, Ranchi on 02.07.2018 is still in record.

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The report is accepted.

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It appears that the agreement arrived between the parties dated 28.06.2018 in lower side as the parties are governed by the Mohammedan Law under the provision of “Khulla” and not one time settlement.

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Under the said circumstances, petitioner namely, Md. Antesam @ Md. Ahtesham in ABA No. 4847/2018, who is husband of O.P.No.2 and the O.P.No.2 namely, Nigar Sultana are directed to remain physically

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present before this court on 30.11.2018 , so that in their present the

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agreement dated 28.06.2018 arrived between them may be re-worked. List ABA No. 4847 of 2018 on 30.11.2018 .

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Till then,interim relief granted earlier shall continue.

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So far,petitioners, namely, Md. Shahbaz Khan @ Sunni, Md. Shahjad Khan @ Mintu, Chandni Naaz @ Chandni and Md. Irfan Khan @ Md. Irfan in ABA No.3037/2018 and the petitioners namely, Shabnam Praveen @ Munni and Naushad Khan @ Md. Naushad @ Md. Naushad Khan in ABA No.4009/2018 , who are in-law of the O.P.No.2 are concerned, they directed to surrender in the Court below within Four Weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners, namely, Md. Shahbaz Khan @ Sunni, Md. Shahjad Khan @ Mintu, Chandni Naaz @ Chandni and Md. Irfan Khan @ Md. Irfan in ABA No.3037/2018 and the petitioners namely, Shabnam Praveen @ Munni and Naushad Khan @ Md. Naushad @ Md. Naushad Khan in ABA No.4009/2018 , on bail, on furnishing bail bond of Rs. 25,000/- (Rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of CJM, Hazaribagh, in connection with Complaint Case no.825/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let a copy of this order be communicated to the trial court.

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( Anant Bijay Singh, J.)

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Raman/

MD Shahbaz Khan Alias Sunni v. the State of Jharkhand

Case brief

What is this about?

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MD Shahbaz Khan Alias Sunni v. the State of Jharkhand

Case brief

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