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Husaini Mian Alias Huseni Ansari v. the State of Jharkhand

Jharkhand HC18 Jan 2023A.B.A./5561/2022

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What is this about?

The High Court of Jharkhand granted bail to four petitioners in a case involving assault and attempted outrage of modesty, directing their release upon surrender within four weeks and furnishing a bail bond.

What did the court decide?

Directed release of all four petitioners on bail upon surrender/arrest within four weeks by furnishing a bond of Rs.20,000 each with two sureties.

Husaini Mian Alias Huseni Ansari Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5561 of 2022

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Husaini Mian @ Huseni Ansari

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Jainul Ansari 3. Mobarak Ansari @ Mubarak Ansari 4. Najbuddin Miyan @ Najabuddin Ansari ... ... Petitioners Versus The State of Jharkhand … … ... ... ... Opp. Party

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CORAM : HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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--------For the Petitioners: Mr. Sheo Kumar Singh, Advocate For the State: Mr. Rajendra Ram Ravi Das, A.P.P. For the Informant: Mrs. Rashmi Kumari, Advocate

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10/Dated: 18.01.2023

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This is an application for grant of anticipatory bail in a case registered under Sections 147, 149, 341, 323, 315, 307, 354(b), 379 of the Indian Penal Code.

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As per the F.I.R., allegation is that on 19.03.2022 at about 3.00 a.m. the informant came to know that the accused persons, total 09 in nos., were cutting Rahar crops of the informant in spite of the order passed in her favour by the Court of S.D.M. On protest the informant was brutally assaulted and the accused persons attempted to outrage her modesty by pulling her clothes.

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Learned counsel for the petitioner has submitted that there is a bona fide land dispute between the parties and the proceeding u/s. 107 CrPC is also going on. There is no direct and specific allegation against the petitioners, rather general and omnibus allegations have been attributed. For the same occurrence, Dandai P.S. Case No. 24 of 2022 has been lodged by the petitioner’s side.

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Learned A.P.P. appearing for the State opposes the prayer for bail.

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It appears that there is an allegation of assault to the informant when she was pregnant. Injuries are simple in nature and caused by hard and blunt objects. No termination of pregnancy is found during investigation. Hence, all the four petitioners, named above, are directed to be released on bail in the event of their surrender/arrest within four weeks from today in connection with Dandai P.S. Case No. 23 of 2022, on their furnishing bail bond of Rs.20000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of Sri Harshit Tiwari, Judicial Magistrate, 1^st Class, Garhwa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J)

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Manoj/

Husaini Mian Alias Huseni Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Husaini Mian Alias Huseni Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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