Md. Kurban Khan @ Kurban Khan vs The State Of Jharkhand
2025 Latest Caselaw 304 Jhar

Jharkhand High Court

Md. Kurban Khan @ Kurban Khan vs The State Of Jharkhand on 8 May, 2025

Author: Ananda Sen

Bench: Ananda Sen

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               A.B.A. No. 3289 of 2024
                                    -----
        Md. Kurban Khan @ Kurban Khan
                                                       .... Petitioner(s).
                                           Versus
        1.The State of Jharkhand
        2. Mohammad Ahmad Raza, S/o Karmuddin Miyan       ... Respondent(s)
                                    WITH
                               A.B.A. No. 2595 of 2024
                                    -----
        Shreya Kumari @ Shriya Kumari
                                                       .... Petitioner(s).
                                           Versus
        1.The State of Jharkhand
        2.Md. Ahmad Raza, S/o Karmuddin Miya           ... Respondent(s)

                                     ------
               CORAM        :  SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Baban Prasad, Advocate For the State : Ms. Ruby Pandey, AddI.PP Mr. Saket Kumar, AddI. P.P. .........

12/ 08.05.2025: A.B.A. No. 2595 of 2024.

This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 438 and 440 of Code of Criminal Procedure apprehending her arrest for the offences under Sections 406, 420, 506/34 of IPC, in connection with Piparatand P.S. Case No.38 of 2023, pending in the Court of learned Judicial Magistrate, Palamau at Daltonganj.

2. On the last date of occasion, the Investigating Officer was directed to remain present.

3. Today, the Officer-in-Charge is present and he submits that on the first occasion after receipt of notice under Section 41-A of Cr.P.C., the father of Shreya Kumari @ Shriya Kumari appeared along with an affidavit sworn by Shreya Kumari @ Shriya Kumari that she will co-operate in the investigation. He further submits that when second notice was issued, on compliance of the said notice, Shreya Kumari @ Shriya Kumari herself personally appeared before the Investigating Officer and she is co-operating in the investigation.

4. On specific query, he submits that there is no necessity to take her in custody.

5. Considering the aforesaid submission, the instant anticipatory bail application stands disposed of.

6. The petitioner will co-operate with the investigation and if she wishes, she may appear before the Court concerned. If she appears, the Court will consider the aforesaid facts and will pass an appropriate order in terms of the judgments passed by the Hon'ble Supreme Court.

The Investigating Officer submits that though Shreya Kumari @ Shriya Kumari has appeared before him, but Md. Kurban Khan @ Kurban Khan till date has not appeared.

7. Learned counsel for the petitioner opposes the said submission.

8. Petitioner is directed to file an affidavit to that extent.

9. List this case after Summer Vacation.

10. Appearance of the Investigating Officer is dispensed with in both cases.

(ANANDA SEN, J.) R.S./