Maimun Khatoon Alias Maimun Nisa Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

Maimun Khatoon Alias Maimun Nisa Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all eight petitioners: to surrender before the learned Trial Court within two weeks and, on arrest or surrender, to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount, subject to Section 438(2) CrPC conditions and appearance under Section 41A CrPC as required.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Complaint Case No. 465 of 2021 (Sections 498A, 323, 325, 307, 379, 504, 506/34 IPC and Sections 3/4 Dowry Prohibition Act) pending before the CJM, Koderma, are entitled to anticipatory bail. +1 more

Court's answer

The anticipatory bail application is allowed.

Ratio / Principle

The petitioners are directed to surrender before the learned Trial Court within two weeks and, in the event of their arrest or surrender, shall be released on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC.

Key takeaways

The petitioners shall co-operate with the investigation, appear under Section 41A CrPC as and when required, and comply with the conditions under Section 438(2) CrPC.ratio¶21

Detailed headnote1 paragraphs

Anticipatory Bail - High Court of Jharkhand allows A.B.A. No. 2780 of 2023 filed by eight petitioners, who are in-laws of the complainant and apprehend arrest in Complaint Case No. 465 of 2021 (Sections 498A, 323, 325, 307, 379, 504, 506/34 IPC and Sections 3/4 Dowry Prohibition Act) pending before the Chief Judicial Magistrate, Koderma. Petitioners pleaded implication on general and omnibus allegations and relied on the earlier Purulia Sadar P.S. Case No.23/21 (dated 03.03.2021, incident of 01.03.2021) on the same facts, contending the complaint could not proceed under Section 210 CrPC; counsel for the complainant did not dispute the factual assertions but pointed to direct and specific allegations of cruelty and assault. Bail granted: surrender within two weeks; release on bail bond of Rs.25,000/- each with two sureties of like amount; subject to Section 438(2) CrPC conditions and cooperation/appearance under Section 41A CrPC. (Gautam Kumar Choudhary, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2780 of 2023

------

Maimun Khatoon @ Maimun Nisha

Sheikh Hakik @ SK Hakik

Ajmeri Khatoon @ Ajmeri Bano

Saba Khatoon @ Shaba Firdous @ Firdosh

Soni Khatoon @ Afrin Bano

Sheikh Sadab @ Sk Sadab

Sheikh Aasif @ Abdul Asif

Faiyaz Akhtar @ Mohammad Faiyaz Akhtar .... .... …. Petitioners Versus

State of Jharkhand 2. Sabba Khan @ Sabba Jabbi .... .... .... Opp. Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioners : Mr. Sidhartha Roy, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. For the O.P. No.2 : Mr. Imtiyaz Khan, Advocate

------

Order No.05 Dated :25.01.2024

The anticipatory bail application filed on behalf of petitioners, who are apprehending their arrest in connection with Complaint Case No. 465 of 2021 for the offence registered under Sections 498A, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act pending in the Court of learned Chief Judicial Magistrate, Koderma, is pressed into motion.

It is submitted by the learned counsel on behalf of the petitioners that they are inlaws of the complainant and have been implicated in this case on general and omnibus allegations as levelled in the complaint petition. The main ground for seeking anticipatory bail in the present case is that on same facts situation, the complainant had earlier instituted Purulia Sadar P.S. Case No.23/21 against these petitioners on 03.03.2021 under Sections 498A, 323, 325, 326, 307/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act with regard to the incidence which took place on 01.03.2021. Complaint case cannot proceed in view of Section 210 of the Cr.P.C.

Learned counsel appearing on behalf of complainant has not disputed the factual assertions made on behalf of petitioners. It is submitted that there is direct and specific allegation of subjecting the complainant to cruelty and also assault.

Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioners, above named, are directed to surrender before the learned Trial Court within a period of two weeks and in the event of their arrest or surrender, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioners will co-operate with the investigation and will appear under Section 41A of Cr.P.C. as and when required and comply with the conditions as laid down under Section 438(2) of the Cr.P.C.

(Gautam Kumar Choudhary, J . )

Anit