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Zakir Sk v. the State of Jharkhand

Jharkhand HC19 Jun 2019A.B.A./7410/2018

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a rape case where false allegations were alleged to have been made following a talak. The order required payment of interim victim compensation.

What did the court decide?

Grant of anticipatory bail on deposit of Rs. 2,00,000/- as interim victim compensation and furnishing a bail bond of Rs. 25,000/- with two sureties.

Zakir Sk Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7410 of 2018

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Zakir Sk. … Petitioner Versus 1. The State of Jharkhand 2. Tanjila Bewa … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A. Kumar, Advocate Ms. R. Kumari, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. J.P. Pandey, Advocate ------

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Order No.06 Dated- 19.06.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Radhanagar P.S. Case No.24 of 2018 (G.R. No. 183 of 2018) registered under sections 376/448/509 of the Indian Penal Code.

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Heard the parties.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the prosecutrix. It is further submitted that the marriage was solemnized between the parties and after talak , this case has been foisted by the informant. It is further submitted that the allegation against the petitioner are all false. It is, further, submitted that the petitioner is ready and willing to pay Rs. 2,00,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail

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on depositing a demand draft of Rs. 2,00,000/- as ad interim victim compensation in favour of informant-Tanjila Bewa and 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 J.M. 1^st Class, Rajmahal, in connection with Radhanagar P.S. Case No.24 of 2018 (G.R. No. 183 of 2018) subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant- Tanjila Bewa and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Zakir Sk v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Zakir Sk v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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