Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15321
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1913 of 2023
1. Mr. Zakir @ Zakir, S/o Md. Intesar Ansari, R/o Village Karma, Irba, PO: Irba, PS Ormanjhi, District Ranchi.
2. Shama Perween, W/o Zakir Ansari, R/o Village Karma, Irba, PO: Irba, PS Ormanjhi, District Ranchi ….. Petitioner (s)
Versus
1. The State of Jharkhand
2. Saista Perween @ Bibi Saista, W/o Md. Sahid Ansari, R/o Village Karma, IRba, PO: Irba, PS Ormanjhi, District Ranchi .…. OP(s).
CORAM :
SRI ANANDA SEN, J.
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For the petitioner(s) : Mr. Girish Mohan Singh, Advocate
For the State : Mr. Rajendra Ram Ravi Das, APP
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06/12.06.2025: This is an application filed by the petitioners praying for grant of anticipatory bail in terms of sections 438 and 440 Cr.P.C., as the petitioners have been allegedly implicated in connection with Ormanjhi P.S. Case No. 125 of 2022, for the offences punishable under sections 341, 323, 324,354, 380, 313,34 of the Indian Penal Code, pending in the court of learned CJM, Ranchi.
2. Heard the learned counsel for the petitioners and the learned counsel for the State.
3. The learned counsel for the State opposes the prayer for anticipatory bail of the petitioners.
4. The petitioner no.1 is the brother-in-law of the informant and the petitioner no.2 is the sister-in-law of the informant.
5. The informant alleged that her husband resides out of Ranchi and she resides alone in the house and the petitioners also reside next to her. Petitioner no.1 threatened her and entered in her house and once committed rape but the complainant did not report the matter. It is stated that again this petitioner and another entered in her house and started misbehaving with her and assaulted her when she screamed and prayed for help petitioner no.2 also came and assisted the petitioner no.1.
6.
Learned counsel for the petitioners submits that since the parties are related and there was property dispute between them in respect of ancestral house which led to filing of this case. The allegation of rape is absolutely wrong
2025:JHHC:15321
and there is no material to suggest that she was ever assaulted.
7. The learned APP opposes the prayer of anticipatory bail of the petitioners but after going through the case diary submits that there is no material far less any medical document to suggest that informant was ever assaulted or any rape was committed.
8. Considering the submission of the parties and also the fact that there is no medical evidence to suggest that there was rape and assault upon the informant and also the fact that the parties are closely related and some element of property dispute is also amongst them, false implication cannot be ruled out. Thus, I am inclined to release the petitioners on anticipatory bail.
9. Accordingly, the petitioners, above named, are directed to surrender before the court below within three weeks from today and in the event of their surrender/arrest the learned court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ranchi, in connection with Ormanjhi PS Case No. 125 of 2022, subject to the condition that one of the bailers should be close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property.
(ANANDA SEN, J. ) KNR/