The High Court of Jharkhand considered a petition for anticipatory bail regarding allegations of assault, outrage of modesty, and intimidation under various Sections of the IPC. The court inclined to grant the relief.
Anticipatory bail granted directed to surrender within four weeks and furnish bond of Rs.20,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 948 of 2023
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioners : Mr. Lakhan Chandra Roy, Advocate For the State : Mr. Prabir Kr. Chatterjee, Addl.P.P.
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Order No. 04 Dated- 20.03.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with Barharwa P.S. Case No. 139 of 2022 instituted under Sections 143/452/341/323/325/354/379/504/506 of IPC, the petitioners have moved this Court for grant of privilege of anticipatory bail.
As per F.I.R, on 27.09.2022 a written report was given by Sirena Bibi before Officer-in-charge, Barharwa P.S. stated therein that few days ago Irshad Ansari a resident of her Village- Mogulpara by creating her wrong photo posted it on mobile and facebook by editing it with an indecent song and when she along with her husband question about it they were dictated to remain silent. Further alleged that in the night of 21.09.2022 at 8.00 P.M. while the informant along with her children were sleepinig in her house then Irshand Ansari, Barkat Ansari, Rukseda Bibi, Murshida Bibi, Adora Bibi, Rabiya Bibi, entered in her house and with the intention to kill assaulted here causing a lacerated wound on her head thereby outraged her modesty and also snatched her mobile and ear ring from her on seeking blood oozing out she fled away. It has further been alleged that on 23.09.2022 Piku Ansari, Budhwa Seikh and Rajeev Ansari together after consuming wine came at
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her house and threatened to withdraw her paper from the P.S. otherwise will kill her, they had also assaulted Ibrahim Ansari. Learned counsel for the petitioners has submitted that petitioners are quite innocent and have committed no offence at all rather they have been falsely implicated in this case and have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Rajmahal in connection with Barharwa P.S. Case No. 139 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.)
R.S./-
1 issue framed by the court
Whether the petitioners are entitled to the privilege of anticipatory bail in the said Criminal case.
1 provisions across 1 enactments
Irshad Ansari
Barkat Ansari
Rukseda Bibi
Murshida Bibi
Adora Bibi
Rabiya Bibi
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
