Md Wasim vs The State Of Jharkhand And Anr on 25 July, 2017

[Cites 9, Cited by 0]

Jharkhand High Court

Md Wasim vs The State Of Jharkhand And Anr on 25 July, 2017

Bench: Anil Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   A.B.A. No. 4347 of 2017
                         ------

         Md. Wasim @ Wasim Akram                    ....   ....   ....     Petitioner

                              Versus

         1. The State of Jharkhand
         2. Md. Zamir Alam                          ....   ....   ....   Opp. Parties


          CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

         For the Petitioner        : Mr. D.K. Karmakar, Advocate
         For the State             : Addl. P.P.
                                   ------

02/25.07.2017

Apprehending his arrest the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kadma P.S. Case No.239 of 2016 (G.R. No.3513 of 2016) registered under Sections 493 /366 /363 /498 /497 /347 /344 /34 of the Indian Penal Code.

Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has taken away the wife of the informant and has detained her with some criminal intent. Since the day of kidnapping on 21.07.2016, both the accused and wife of the petitioner are living in adultery. Learned counsel for the petitioner drew the attention of this Court to order dated 30.06.2017 passed by the court of Sessions Judge, East Singhbhum, Jamshedpur in ABP No. 666 0f 2017 wherein it has been mentioned that the father-in-law of the informant has filed an affidavit statement before the police alleging that the wife of the informant has voluntarily contracted marriage with this petitioner at Delhi. Learned court below has already granted anticipatory bail to the wife of the informant. Learned counsel for the petitioner further submitted that at best an offence punishable under Section 497 IPC is made out which is bailable in nature. Hence, the petitioner may be given the privilege of anticipatory bail.

Learned Addl. P.P. appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioner but concedes that the materials in the record suggests that the wife of the informant has voluntarily gone with the petitioner and contracted marriage with him.

Considering the submissions of counsels and the aforesaid facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamshedpur in connection with Kadma P.S. Case No.239 of 2016 (G.R. No.3513 of 2016) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Gunjan/-                                     (Anil Kumar Choudhary, J.)

Unlock Advanced Research with PRISMAI

Jharkhand High Court