IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 8575 of 2022

Rizwana Khatun

…… Petitioner

Versus

The State of Jharkhand

……Opposite party

----------

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----

For the Petitioner : Mr. Md. Faiyaz Alam, Advocate

For the State

: Mrs. Snehlika Bhagat, A.P.P.

…..

Order No.03/ Dated:19.01.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Basantrai P.S. Case No. 07

of 2022 (Special POCSO Case No.36/2022), for the offences registered

under Sections 366 A/ 504/ 506/ 323/34 of the Indian Penal Code, the

petitioner has moved this Court for grant of privilege of anticipatory bail.

As per F.I.R, it is alleged that on the pretext of marriage, co-accused,

Jibrail Ansari had eloped his daughter.

Learned counsel for the petitioner has submitted that petitioner is

innocent and has committed no offence at all rather he has been falsely

implicated in this case. It is submitted that petitioner is the distant relative

of main accused person, namely, Jibrail Ansari. It is further submitted that

other co-accused, namely, Bibi Sajda Khatoon in A.B.A. No. 9038 of

2022 vide order dated 24.11.2022 has been granted anticipatory bail by

the Co-ordinate Bench of this Court. It is lastly submitted that the

petitioner undertakes to co-operate with the investigation of the case and

also abide by all terms and conditions which may be imposed in the

matter of granting anticipatory bail to the petitioner. Hence, the petitioner

may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for

anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of

allegation coupled with materials on record, I am inclined to grant

privilege of anticipatory bail to the petitioner. Accordingly, the petitioner

is directed to surrender in the Court below within four weeks from today

and in the event of his arrest or surrendering, he will be enlarged on bail

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

Additional District and Sessions Judge-III-cum- Special (POCSO) Judge,

Godda in connection with Basantrai P.S. Case No. 07 of 2022 (Special

POCSO Case No.36/2022) with the condition that he 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 and subject to the conditions as

laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

R.K/A.P.K.