Allowed

MD Shahagir v. the State of Jharkhand

Jharkhand HC18 Nov 2019A.B.A./8017/2019

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioners facing charges under sections 366A and 34 of the IPC for enticement and abetment of a minor to go with another person for marriage, conditional upon their cooperation with the investigation.

What did the court decide?

Grant of anticipatory bail conditional on cooperation with investigation, appearance before I.O., and furnishing mobile number and Aadhar Card without change.

MD Shahagir Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 8017 of 2019

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Md. Shahagir @ md. Shahangir 2. Md. Aslam 3. Md. Kalam … Petitioners Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Aashish Kumar, Advocate For the State : Ms. Srabani Sanyal, Addl. P.P.

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Order No.02 Dated- 18.11.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Meharma P.S. Case No.77 of 2019 registered under sections 366A/34 of the Indian Penal Code.

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Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were instrumental in enticing away the minor daughter of the informant to get her married to the co-accused –Md. Musahid. It is next submitted by the learned counsel for the petitioners, drawing attention of this Court to page no. 13-15 of the brief which is the copy of the certified copy of the statement of the victim recorded under section 164 Cr.P.C. by the learned Magistrate, that the main allegation is against the co-accused Md. Musahid and the victim has not uttered anything to implicate the petitioners in this case. It is then submitted that the allegation against the petitioners are false and the petitioners undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1^st Class, Godda, in connection with Meharma P.S. Case No.77 of 2019 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu-

MD Shahagir v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Shahagir v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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