MD RIZWAN ALAM ALIAS MD RIZWAN v. THE STATE OF JHARKHAND
B.A./3747/2025 · 2025-05-06
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10862 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10862 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:13676 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3747 of 2025
------ Md. Rizwan Alam @ Md. Rizwan aged about 19 years, S/o Md. Sajjad @ Sabir Alam, Resident of Village-Jatama, P.O. + P.S.- Mahagama, District-Godda, Permanent Resident of Village- Gourikitta (Kasba), P.O. + P.S.-Mahagama, District-Godda.
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. S.P. Roy, Advocate
For the State
: Mr. V.K. Vashistha, Spl.P.P
------
Order No.02 Dated- 06-05-2025
Heard the parties.
The petitioner has been made accused in connection with Mahgama P.S. Case No.19 of 2024 registered for the offences punishable under Section 376(2)(n) of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape repeatedly upon the victim on the promise of marriage. It is submitted that the allegation against the petitioner is false. It is next submitted that admittedly the victim is a major lady and this is a case of consensual sexual relationship. It is next submitted that charge sheet has already been submitted and the medical report support the case of prosecution. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-28 of the bail application. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case and will not annoy or disturb the informant and witnesses of the case during the trial of the case. It is lastly submitted that the petitioner has been in custody since 19.12.2024 as is evident from para-31 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Spl.P.P. opposes the prayer for bail.
Considering the facts of this case, the above-named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to
the satisfaction of learned J.M.-1st Class, Godda in connection with Mahgama P.S. Case No.19 of 2024 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number and will not annoy or disturb the informant and witnesses of the case during the trial of the case.
(Anil Kumar Choudhary, J.) Abhiraj/