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2025 DAILYLAW 3252 (JHR)

MD. FAYAZ ALIAS MD. FAIYAZ v. THE STATE OF JHARKHAND

A.B.A./444/2025 · 2025-04-11

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:11192] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.444 of 2025 ------ Md. Fayaz @ Md. Faiyaz, aged about 38 years, Son of Md. Reyajuddin, Resident of Village- Parsauni, P.O.- Parsauni and P.S.- Itkhori, District- Chatra .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Fahad Allam, Addl. P.P For the Informant : Mr. Manish Yadav, Advocate Mr. Ritesh Kumar, Advocate ------ Order No.03 Dated- 11-04-2025 I.A. No.3537 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant anticipatory bail application. Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.444 of 2025 Apprehending his arrest in connection with Itkhori P.S. Case No.101 of 2024 instituted for the offences punishable under Sections 64 of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the informant. It is further submitted that the allegation against the petitioner is false. Drawing attention of this Court towards Annexure-2 which is the copy of the certified copy of the joint compromise petition filed by the informant and the petitioner in the court of Additional Sessions Judge-II, Chatra, learned counsel for the petitioner and the learned counsel for the informant jointly submit that both the parties have compromised the matter and the land dispute between the parties resulted in institution of the case and therein the informant has categorically stated that she has not given any application in the police station but only put her signature in a blank paper. It is next submitted by the learned counsel for the petitioner that the petitioner undertakes to co-operate with the investigation of the case and he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner 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 depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chatra in connection with Itkhori P.S. Case No.101 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 he will not annoy or disturb the informant 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.) Animesh/