Shahadat Ansari v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 365, 366(A)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
: Mr. Somitra Baroi, Advocate : A. P. P. 03/01.10.2012 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are apprehending their arrest in connection with the case registered under Sections 365, 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the petitioners are not named in the F.I.R. It is also submitted that the victim lady is now living with one co-accused namely, Kamiul Ansari @ Sahul Ansari as a wife. He has further contended that the other co-accused namely, Sakera Khatoon @ Sakera Khatun has already been granted anticipatory bail by another Bench of this Court in A.B.A. No. 1249 of 2012 vide order dated 12.09.2012. Learned counsel for the State has opposed but he has not disputed the aforesaid submissions made by the counsel for the petitioners. Considering the submissions made by both the parties and considering the fact as stated by the counsel for the petitioners that the victim lady now living with Kamiul Ansari @ Sahul Ansari as a wife, I direct both the petitioners, above named, to surrender in the court below within a period of one month from the date of this order i.e. 01.10.2012. If they surrender within the said period, the trial Court is directed to release them on bail, on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of like amount each to the satisfaction of Assistant Sessions Judge, Rajmahal in connection with Barharwa (Kotalpokhar) P.S. Case No. 69 of 2010 corresponding to G.R. No. 363 of 2010, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern and also subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Jaya Roy, J.) Satayendra
Precedent status how later indexed judgments have treated this case
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