IN THE HIGH COURT OF JHARKHAND AT RANCHI

B. A. No. 11890 of 2021

…..

Akil Ansari

…… Petitioner

Versus

The State of Jharkhand

…… Opposite Party

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CORAM:

HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner

: Mr. Nilesh Kumar, Advocate

For the State

: Mr. Arup Kr. Dey, A.P.P.

…..

The matter was taken up through Video Conferencing. Learned counsel for the parties had no

objection with it and submitted that the audio and video qualities are good.

…..

03/16.12.2021

Heard learned counsel for the petitioner and learned counsel for the

State.

The petitioner is accused in connection with Ramgarh P. S. Case No.

308 of 2020 registered under Section 366 of the Indian Penal Code, however,

charge sheet has been submitted under Sections 366 and 376 of the Indian Penal

Code.

As per the FIR, it has been alleged by the informant that her daughter

Priyanka Sharma, aged about 26 years and who is working in Lala Lajpat Rai,

Vishnu Mandir, Jhanda Chowk, Ramgarh as a Teacher, has been kidnaped for the

purpose of marriage by the accused Akil Ansari @ Irshad Khan, who was also a

Dance Teacher in the said School and despite moving for six (6) days in the Police

Station, FIR has not been lodged, rather sympathy has been shown towards the

accused persons.

It is submitted that the petitioner has been falsely implicated on

suspicion. It is submitted that the petitioner and the victim lady are Teachers in

Lala Lajpat Rai, Vishnu Mandir, Jhanda Chowk, Ramgarh and the victim girl is a

major lady and she has performed Nikah with this petitioner. It is submitted that

there is delay of several days in lodging the FIR. It is submitted that although the

victim girl has supported the allegation against the petitioner, however she has

stated this at the instance of the informant. It is submitted that the victim is a

major lady aged about 30 years and she is an educated lady and elder than this

petitioner and she had voluntarily gone with this petitioner to Kolkata. The

petitioner and the victim lady were residing as husband and wife and the religion

of victim girl was changed in a Mosque at Kolkata and Nikah was solemnized

with this petitioner and the petitioner has also established physical relationship

with her. It is submitted that the petitioner is in custody since 03.05.2021 and

hence he may be enlarged on bail.

On the other hand, learned A.P.P has opposed the prayer for bail and

has submitted that the petitioner took the victim lady Priyanka Sharma into his

clutches and got Nikah performed with her by horrifying her after getting her

religion converted from Hindu to Muslim and established physical relationship

with her by giving her threatening. It is submitted that the victim lady Priyanka

Sharma was confined in a room at Raja Bazar at Kolkata and also in Ranchi and

she was not permitted to talk even with her family members and which is apparent

from para-130 of the case diary.

It is submitted that from perusal of the subsequent statement of the

informant, Rupa Devi recorded at para-2 of the case diary and the statement of

witnesses Akash Sharma and Ramdhan Sharma recorded at para-3 and 4 of the

case diary, who are own brother and father of the victim lady, it would appear that

they have supported the allegation against the petitioner. It would also appear

from para-26 and 27 of the case diary that during search, the police has inquired

from the family members of the petitioner, who could not disclose the

whereabouts of the petitioner and the nearby people of the locality were not aware

about the development and the mobile of the petitioner was found switched off by

the police, which is mentioned at para-35 of the case diary. It is further submitted

that the petitioner was apprehended on 03.05.2021 after he