MD Azizul Ansari Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3664 of 2022

------ Md. Azizul Ansari .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Rahiman Nisha .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Rakesh Ranjan, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P.

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Oral Order 04/ Dated : 08.12.2022

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The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Godda (Town) P.S. Case No. 78 of 2021 corresponding to G.R. No.748 of 2021 for the offence registered under Sections 417, 376, 313, 498A/34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Godda, is pressed into motion.

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It is submitted by the learned counsel on behalf of the petitioner that the complaint is the basis of police case. The allegation related to Sections 376, 313 and 417 of the I.P.C. are with respect to the period before the marriage which took place on 13.12.2020. As per the allegation after the marriage the informant was deserted by her husband and in her absence, she was subjected to cruelty by the family members. There is no allegation of cruelty against this petitioner.

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Learned A.P.P. assisted by learned counsel on behalf of informant has opposed the prayer for bail. There has been continuous harassment of the prosecutrix both in the past as well in the present. The marriage itself was an outcome of rape and even after the marriage the prosecutrix has been subjected to cruelty.

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Considering the facts and circumstances of the case, I do not find this case fit to grant anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner, is hereby, rejected.

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Petitioner is directed to surrender before the Court below within two weeks.

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(Gautam Kumar Choudhary, J . )

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Anit

MD Azizul Ansari v. the State of Jharkhand

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MD Azizul Ansari v. the State of Jharkhand

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