Irsad Ansari Alias Md. Irsad Ansari Vs the State of… — Dowry and Cruelty | Jharkhand HC (2025)

Irsad Ansari Alias Md. Irsad Ansari Vs the State of… — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on depositing Rs.25,000/- as cash security and furnishing a bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Dumka, subject to conditions of co-operating with the trial, not annoying or disturbing the complainant-opposite party No.2 or her family members during the pendency of the case, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint P.C.R. Case No.20 of 2024 instituted under Sections 498A IPC and Section 3/4 of the Dowry Prohibition Act, should be granted the privileges of anticipatory bail.

Court's answer

The Court is inclined to grant the privileges of anticipatory bail to the petitioner, considering the submissions of learned counsels and the facts and circumstances stated.

Ratio / Principle

Anticipatory bail granted subject to conditions: the petitioner is directed to surrender in the Court below within six weeks from the date of the order and, in the event of arrest or surrender, to be enlarged on bail on depositing Rs.25,000/- as cash security and on furnishing a bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Dumka, with the conditions that he will co-operate with the trial and will not annoy or disturb the complainant-opposite party No.2 or her family members during the pendency of the case, and subject to further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — S.482 Bharatiya Nagarik Suraksha Sanhita, 2023 — High Court of Jharkhand granted the privileges of anticipatory bail to the petitioner-husband apprehending arrest in Complaint P.C.R. Case No.20 of 2024 instituted under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, alleging cruelty in connection with demand of dowry — petitioner directed to surrender in the Court below within six weeks from the date of the order and, in the event of arrest or surrender, to be enlarged on bail on depositing Rs.25,000/- as cash security and on furnishing a bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Dumka — subject to the conditions that the petitioner will co-operate with the trial and will not annoy or disturb the complainant-opposite party No.2 or her family members during the pendency of the case, and further conditions as laid down under Section 482(2) of the BNSS, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.923 of 2025

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Irsad Ansari @ Md. Irsad Ansari, aged 30 years, S/O:- Latif Ansari, Resident of Village- Babudih, P.O. & P.S. Saraiyahat, District- Dumka.

.... .... …. Petitioner

Versus

The State of Jharkhand

Sahana Bibi Age 23 years W/o Irsad Ansari and D/o Islam Ansari at present resident of village- Raikinary, P.O. & P.S. Taljhari, District- Dumka

.... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mrs. Vani Kumari, Advocate For the State : Mr. Santosh Kumar Shukla, Addl.P.P

Order No.02 Dated-11-02-2025

Heard the parties.

Apprehending his arrest in connection with Complaint P.C.R. Case No.20 of 2024 instituted under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant-opposite party No.2 treated her with cruelty in connection with demand of dowry. It is submitted that the allegation against the petitioner is all false and general and omnibus in nature. It is next submitted that because of marital discord, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes that he will not annoy or disturb the complainant-opposite party No.2 or any of her family members in any manner during the pendency of the case. It is lastly submitted that petitioner undertakes to cooperate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P. appearing for the State opposes the prayer for for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from the date of the order and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.25,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Dumka in connection with Complaint P.C.R. Case No.20 of 2024 with the condition that he will co-operate with the trial of the case and he will not annoy or disturb the complainant-opposite party No.2 or any of her family members 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/