Jharkhand High Court
Md. Md. Serajuddin @ Seraj @ Saraj vs The State Of Jharkhand on 12 February, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
1 A.B.A. No. 10522 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 10522 of 2023
Md. Md. Serajuddin @ Seraj @ Saraj ... Petitioner
-Versus-
1. The State of Jharkhand
2. Bibi Rojani ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Awnish Shankar, Advocate For the Opposite Party-State : Mr. Praful Jojo, A.P.P.
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04/12.02.2024 Heard Mr. Awnish Shankar, learned counsel for the petitioner and Mr. Praful Jojo, learned counsel for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No.2999/2019, registered under Sections 148, 149, 323, 354, 379, 384, 427, 506 of the Indian Penal Code, pending in the court of the learned Judicial Magistrate, 1st Class, Hazaribag.
3. Learned counsel for the petitioner submits that the petitioner and his brothers are distant relatives of the complainant. He submits that the allegations are made that they have tried to disturb the possession of the complainant. He further submits that the case has been registered after 21 days of the alleged occurrence. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.
4. Learned counsel for the State opposed the prayer on the ground that there is allegation of outraging the modesty of the complainant.
5. In paragraph 6 of the complaint petition, it has been stated that the complainant approached the police, but the police has not registered the case, thereafter, the complainant has approached the learned Court. In the solemn affirmation, there is direct allegation against the petitioner with regard to outrage the modesty of the complainant. 2 A.B.A. No. 10522 of 2023
6. In view of attending facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Hence, his prayer for anticipatory bail is rejected.
7. Accordingly, this application is dismissed.
(Sanjay Kumar Dwivedi, J.) Ajay/