A.B.A./5524/2026 of CHAINBANO BIBI Vs THE STATE OF JHARKHAND on 1 October 2026

1. Chainbano Bibi, aged about 60 years, wife of Enamul Sk.,

2. Enamul Sk., aged about 66 years, son of Late Patanu Sk.,

3. Sairabano Bibi @ Sairabano, aged about 38 years, wife of Ali Mohammad,

4. Sahid Sheikh @ Saihid, aged about 18 years, son of Enamul Sk., All are residents of Taimur Tola, Post Office-Rajmahal, Police Station-Rajmahal, District-Sahibganj, Jharkhand.

.... .... …. Petitioners

Versus

The State of Jharkhand

.... .... .... Opposite Party

------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Gautam Kumar, Advocate

For the State

: Mr. Achinto Sen, Addl.P.P.

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Order No.02 Dated- 01/10/2026

Heard the parties.

Apprehending their arrest in connection with Rajmahal P.S. Case No.86 of 2026 instituted under Sections 351(2), 352, 115(2), 96 & 3(5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with co-accused persons, enticed away the minor victim girl of 14 years. It is submitted that the allegation against the petitioners is false. It is next submitted that in her statement recorded under Section 183 of the BNSS, 2023, the victim has categorically stated that the Ramjan Sheikh is the younger brother of the petitioner no.4 and his father and the petitioner no.2 kidnapped her and took her to Bengal, but there is no allegation against the petitioner nos.1 & 3, who are the females. It is then submitted that the petitioners have no criminal antecedent as has been mentioned in para-14 of this anticipatory bail application. It is lastly submitted that the petitioners undertake to co- operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that keeping in view the serious nature of allegation against the petitioner no.2 & 4 of kidnapping the victim, the custodial interrogation of the petitioner no.2 & 4 is required during the investigation of the case in order to find out the details of the case. It is, therefore, submitted that the petitioner no.2 & 4 ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner no.2 namely Enamul Sk. and the Petitioner no.4 namely Sahid Sheikh @ Saihid, the requirement of their custodial interrogation during the investigation of the case, this Court is not inclined to give the privileges of anticipatory bail to the petitioner no.2 namely Enamul Sk. and the Petitioner no.4 namely Sahid Sheikh @ Saihid. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioner no.2 & 4 is rejected. So far as the petitioner no.1 and 3 are concerned, there is no direct allegation against them and they are the females and also keeping in view the fact that they have no criminal antecedents, this Court is inclined to grant privileges of anticipatory bail to the petitioner no.1 and 3. Accordingly, the petitioner no.1 and 3 are directed to surrender in the Court below within two weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rajmahal in connection with Rajmahal P.S. Case No.86 of 2026 with the condition that the petitioner no.1 and 3 will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Card with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not disturb or annoy the informant or his family 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.) 01/10/2026 Abhiraj/