Allowed

Matiur Rahman v. The State Of Jharkhand

Jharkhand HC11 Apr 2016A.B.A./526/2016

Case brief

AI extract

What is this about?

Single judge allowed application for anticipatory bail. Petitioner surrendered within three weeks and was to be released on bail in Kanke P.S. Case No.87 of 2015 relating to secular offences including cruelty, threats and cheating against the informant.

What did the court decide?

Petitioner directed to surrender within three weeks and release on bail of Rs.10,000 with two sureties.

Matiur Rahman Vs The State Of Jharkhand — Domestic Violence | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 526 of 2016

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Matiur Rahman, son of Shahabuddin Ansari, Resident of Village – Pipra, P.O. Tapin, P. S. Charhi, District – Hazaribagh

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… … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Rajesh Kumar Mishra, A.P.P. ---

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03/11.04.2016 Heard Mr. Nilesh Kumar, learned counsel appearing for the petitioner and Mr. Rajesh Kumar Mishra, learned A.P.P. for the State.

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Petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Kanke P. S. Case No. 87 of 2015 corresponding to G. R. Case No. 5013 of 2015 registered for the offences punishable under Sections 498A, 323, 324, 341, 383, 385 of the Indian Penal Code.

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It has been submitted by the learned counsel for the petitioner that the marriage of the petitioner was solemnized with the informant in the year 2003 and they were living peacefully together but subsequently the informant developed intimacy with one Suraj Rana with whom she had solemnized marriage on 22.02.2013. It has also been submitted that the informant was working as a Para Teacher in a Primary School and because of her subsequent marriage with Suraj Rana she did not attend the school resulting in her services having been terminated by the School Management.

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Learned A.P.P. has opposed the prayer for anticipatory bail.

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It appears that an affidavit has been brought on record by the petitioner showing the marriage of the informant having been solemnized with one Suraj Rana on 22.02.2013. It further appears that the petitioner was removed from her services as a Para Teacher by the School Managing Committee. The complaint petition which was originally instituted was on 26.02.2015 in which the allegations levelled against all the accused persons are general and omnibus in nature.

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In view of the conduct of the informant wherein even though she being a married person had eloped and solemnized marriage with another man and thereafter on coming back has instituted a complaint

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petition implicating the petitioner and all his family members, I am inclined to allow this application. Accordingly, the petitioner, named above, is directed to surrender in the court below within three weeks from today and on such surrender, 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 Judicial Magistrate, 1st Class, Ranchi, in connection with Kanke P. S. Case No. 87 of 2015 corresponding to G. R. Case No. 5013 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(R. Mukhopadhyay, J.)

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Umesh/-

Matiur Rahman v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Matiur Rahman v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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