IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8150 of 2024 ------ 1. Maksud Ansari aged about 41 years S/o Najir Miyan. 2. Samsul Ansari @ Samul Ansari aged about 36 years S/o Najir Miyan, both r/o village- Onkari, P.O.- Bagrudih, P.S.- Karmatar, District- Jamtara. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Nityanand Prasad Choudhary, Advocate For the State : Mr. V.S. Sahay, Addl.P.P. ------ Order No.02 Dated- 15-01-2025 Heard the parties. Apprehending their arrest in connection with Karmatanr P.S. Case No.106 of 2024 instituted under Sections 115(2)/126(2)/64/351(2)(3)/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 petitioner No.1 is that the petitioner No.1 committed rape upon the informant-prosecutrix and the allegation against the petitioner No.2 is that when the husband of the informant went to the house of the petitioners to enquire, the petitioner No.1 and 2 assaulted the husband of the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that there is an inordinate and unexplained delay of 19 days in lodging the FIR. Drawing attention of this court to Annexure-2, which is the copy of the certified copy of the FIR of Karmatanr P.S. Case No.96 of 2024, learned counsel for the petitioners submits that the daughter of the petitioner No.1 instituted the said case against the son of the informant and as a counter-blast, this false case has been foisted. It is further 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 on the other hand vehemently opposes the prayer for anticipatory bail of the petitioners and submits that so far as petitioner No.1 is concerned, there is direct and specific allegation against him of committing rape upon the informant-prosecutrix by terrorizing her with the knife and his custodial interrogation is required during the investigation of the case to find out the details of the case. Hence, it is submitted that the petitioner No.1 ought to not be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner No.1 and the requirement of his custodial interrogation during the investigation of the case, this Court is not inclined to grant the privilege of anticipatory bail to the abovenamed petitioner No.1. Accordingly, the prayer for grant of privileges of anticipatory bail of the abovenamed petitioner No.1 is rejected. So far as the petitioner No.2 is concerned; the only allegation against him is of assaulting the husband of the informant who went to enquire about the commission of rape by the petitioner No.1 upon the informant-prosecutrix, considering the same, this Court is inclined to give the privileges of anticipatory bail to the petitioner No.2. Accordingly, the petitioner No.2 is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamtara in connection with Karmatanr P.S. Case No.106 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number 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/