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2025 DAILYLAW 29076 (JHR)

MOHAMMAD FURQAN TAIYAB v. THE STATE OF JHARKHAND

A.B.A./749/2025 · 2025-02-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.749 of 2025 ------ Mohammad Furqan Taiyab, aged about 36 years, son of Late Md. Abu Taiyab, R/o-2nd Street Road, Near Post Office, Hindpiri, P.O. & P.S.-Hindpiri, Dist-Ranchi, Jharkhand-834001. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Faiz Ur Rahman, Advocate For the State : Mr. Sanat Kr. Jha, Addl.P.P. ------ Order No.02 Dated- 05/02/2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Hindpiri P.S. Case No.32 of 2021 registered under Section 376(3), 376(C) of the Indian Penal Code and Section 6 of POCSO Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the minor victim girl. It is then submitted that the allegation against the petitioner is false. It is further submitted that the petitioner is ready and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P. appearing for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that there is direct and specific allegation against the petitioner of committing rape upon the minor victim girl, hence, the custodial interrogation of the petitioner is required during the investigation of the case in order to find out the details of the offence committed by him. It is, therefore, submitted that the petitioner ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner of committing rape upon the minor victim girl and the requirement of his custodial interrogation during the investigation of the case, this Court is of the considered view that this is not a fit case where the above-named petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Abhiraj/