Azruddin Sk Alias Ajruddin Sk vs The State Of Jharkhand on 15 June, 2017

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Jharkhand High Court

Azruddin Sk Alias Ajruddin Sk vs The State Of Jharkhand on 15 June, 2017

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B.A. No.2874 of 2017

            Azruddin Sk @Ajruddin Sk                    ...        Petitioner(s)
                                            Versus
            The State of Jharkhand                          ...       Opp. Party

        Coram:     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner(s)          : Mr. Gautam Kumar, Adv.
        For the Opp. Party             : Addl. P.P.

04 /15.06.2017

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Radhanagar P.S. Case No.63 of 2016 (G.R. No. 405 of 2016) registered under sections 376 of the Indian Penal Code.

Heard learned counsel appearing for the petitioner and the learned Addl. P.P. for the State.

The learned counsel for the petitioner submits that though the case has been registered against the petitioner for the offence punishable under section 376 but there is no allegation against the petitioner of establishing physical relationship with the informant, rather, it is alleged that the co-accused Sudhir Sheikh had established physical relationship with the informant first forcibly and thereafter on several occasions, leading to the informant becoming pregnant. It is also alleged that the co-accused, Sudhir Seikh promised to marry the informant. The learned counsel for the petitioner, further, submits that the petitioner is ready and willing to pay the ad interim victim compensation to the informant. Hence, the petitioners be also given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the petitioner Azruddin Sk @ Ajruddin Sk. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Rajmahal, in connection with Radhanagar P.S. Case No.63 of 2016 (G.R. No. 405 of 2016) and depositing Rs. 20,000/- as ad interim victim compensation to be paid to the to the victim, subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposit the ad interim victim compensation amount in the court of learned SDJM, Rajmahal, the court is directed to issue notice to the victim and release the said amount in her favour, after proper verification.

(Anil Kumar Choudhary, J.) Sonu-

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