Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 834 of 2025
------ Mursed Ali, aged about 54 years, s/o Nazrul Islam of Village- Anupur (Khoshalpur), P.O.-Amtalla, P.S.-Farakka, Dist.- Murshidabad (West Bengal)
… Petitioner
Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Yasir Arafat, Advocate For the State
: Mr. Rakesh Ranjan, Addl. P.P. ------
Order No.02 Dated- 07.02.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kotalpokhar P.S. Case No.35 of 2024 registered under sections 323/324/325/376/511/504/506 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner attempted to commit rape upon the informant-complainant who is the daughter-in-law of the petitioner. It is further submitted that the allegations against the petitioner are all false and FIR being Kotalpokhar P.S. Case No. 35 of 2024 has been registered upon the complaint being referred to police under Section 156(3) Cr.P.C. It is then submitted that admittedly the alleged commission of rape took place in the District of Murshidabad, West Bengal and the only occurrence which took place in the District of Sahibganj is that the petitioner and his wife wanted to take the complainant to her matrimonial house forcibly and threatened that they will implicate the complainant-informant in a false theft case; but the same do not constitute any penal offence. It is also submitted that the informant wants the petitioner to transfer joint matrimonial residential house in her own name and as the same was not accepted by the petitioner, hence this false case has been foisted. It is then submitted that the petitioner undertakes to furnish sufficient
security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 20,000/- and 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 A.C.J.M., Rajmahal, in connection with Kotalpokhar P.S. Case No.35 of 2024 with the condition that the petitioner 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 with further condition that 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.)
Sonu/Gunjan-