Allowed

MD Khurshid v. the State of Jharkhand

Jharkhand HC21 Feb 2022A.B.A./165/2022

Case brief

AI extract

What is this about?

Anticipatory bail granted to Md. Khurshid in connection with a case of rape and sexual assault under IPC and POCSO. Court ordered release upon surrender within six weeks subject to standard bail conditions.

What did the court decide?

Anticipatory bail granted; petitioner to be released on surrendering within six weeks on bail bond of Rs. 25,000 with two sureties subject to standard conditions.

MD Khurshid Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

¶1

A.B. A. No. 165 of 2022

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

Md. Khurshid … Petitioner

¶4

Versus

¶5

The State of Jharkhand … Opposite Party

¶6

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶7

For the Petitioner : Mr. Ashim Kr. Sahani ,Adv. For the State : Mr. Sanat Kr. Jha ,Addl. P.P.

¶8

Heard the parties through Video Conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nawadih P.S. Case No. 81 of 2021 registered under Section 376 of IPC and Sections 4/12 of the POCSO Act.

¶9

03 / 21.02.2022

¶10

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape and penetrative sexual intercourse and sexual assault on the minor victim girl. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. Drawing attention of the court to page 4 of the supplementary affidavit of the brief, which is the copy of the certified copy of the joint compromise petition, filed by the parties in the court of learned Additional Sessions Judge I, Bokaro, learned counsel for the petitioner submits that the parties have settled the matter outside the court and the informant does not want to proceed with the case and due to some misunderstanding, this case was instituted. It is next submitted that the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail.

¶11

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

¶12

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released 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 Sessions Judge-I-cum- Special Judge, Bokaro in connection with Nawadih P.S. Case No. 81 of 2021 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

¶13

( ANIL KUMAR CHOUDHARY, J.)

¶14

Smita/-

MD Khurshid v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Khurshid v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dipu Kumar Alias Dipak Kumar Yadav Alias Dipu Kumar Yadav Vs the State of Jharkhand

Munmun Pandey Alias Prashant Pandey Vs the State of Jharkhand

Amit Kumar Das Vs the State of Jharkhand

Suresh Yadav Vs the State of Jharkhand

Lalka Alias MD Muslim Vs the State of Jharkhand

Naresh Mahto Alias Jiblal Mahto Vs State of Jharkhand