Mohammad Ibrar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 10718 of 2023

Mohammad Ibrar, aged about 42 years, s/o Sri Abdul Majid, resident of Aman Green City, Near I.S.M. Chowk, P.O.-Pundag, P.S.-Pundag, Dist.-Ranchi at Present residing at 8, Osita Izunsao Avenue, Graceland Estate Irrete, Owerri, Imo State, Nigeria

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.... .... …. Petitioner

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Versus

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State of Jharkhand

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Shabana Praveen, w/o Mohammad Ibrar, daughter of Samsul Haque, resident of Qr. No.A-56, Sector-IV, Near St. Thomas School, P.O.-Hatiya, P.S.-Dhurwa, Dist.-Ranchi .... .... .... Opp. Parties

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------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. P.P.N. Roy, Sr. Advocate : Mr. P.A.N. Roy, Advocate For the State : Mr. Tarun Kumar, Addl. P.P. For the O.P. No.2 : Md. Razaullah Ansari, Advocate ------

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Order No.07 Dated- 06.09.2024

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Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dhurwa P.S. Case No.169 of 2021 registered under sections 498A/341/342/354B/504/506/34 of the Indian Penal Code and under Section 3/4 of D.P. Act.

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Both the petitioner and the opposite party no.2 are present in the Court today in person.

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It is agreed to between the parties that the petitioner will transfer three decimals of land by way of sell situated at Prem Nagar, Nagri in the District of Ranchi, in favour of the opposite party no.2. It is also agreed to between the parties that the petitioner, at his own cost, will ensure construction of two BHK house with a carpet area of 600 sq. ft. within three months from today. The petitioner, who is present in court, furnishes the undertaking in writing. Keep the same in the record.

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The Learned Senior Advocate appearing for the petitioner submits that though this is the second journey of the petitioner

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with this anticipatory bail application but in view of the fresh ground that talk of compromise has advanced to considerable extent, the petitioner be given the privilege of anticipatory bail.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Ranchi within ten days from today and in the event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of three months from the date of his surrender on the petitioner showing the proof of transferring three decimals of land to the opposite party no.2 by way of sale, situated at Prem Nagar, Nagri in the District of Ranchi and on furnishing bail bond of Rs.25,000/(Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with Dhurwa P.S. Case No.169 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and with an undertaking to ensure construction of two BHK house over the said land of 600 sq. ft. carpet area within three months, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In case, the petitioner produces the documents regarding construction of two BHK house over the said land of 600 sq. ft. carpet area, the provisional bail granted to the petitioner shall be confirmed by the trial court, till disposal of the case.

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It is made clear that in case of failure of the petitioner to construct the two BHK house over the said land of 600 sq. ft. carpet area within three months, the provisional bail granted to the petitioner shall be cancelled and the trial court shall take all coercive steps for his apprehension for facing the trial.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Mohammad Ibrar v. the State of Jharkhand

Case brief

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Mohammad Ibrar v. the State of Jharkhand

Case brief

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