Dilwar Sk. @ Dilwar Skeikh @ Dilawar Shekh v. Shahnaz Khatoon

: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State : Mr. Md. Asadul Haque, Advocate Mr. Ravi Prakash, Advocate : Mr. Anup Pawan Topno, Addl.P.P ------ Order No.04 Dated- 30/10/2023 Heard the parties. Apprehending his arrest in connection with POCSO Case No.93 of 2022 arising out of Complaint Case No.319 of 2022 instituted under Sections 366A, 376 of the Indian Penal Code and Section 4 of POCSO Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed penetrative sexual assault and rape upon the minor victim girl- opposite party No.2 after enticing her away. It is submitted that the allegations against the petitioner are all false. Learned counsel for the petitioner draws the attention of this Court towards Annexure-3 which is the copy of the Nikahnama between the petitioner and the victim wherein it has been mentioned that the age of the victim is 18 years and she has solemnized marriage with the petitioner on 06th May, 2022.

It is next submitted that because of some misunderstanding, this false case has been foisted against the petitioner. Drawing attention of this Court towards para-06 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as and when she resumes conjugal life with him. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 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 below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIII, Sahibganj in connection with POCSO Case No.93 of 2022 arising out of Complaint Case No.319 of 2022 with the condition that he will co-operate with the trial of the case and he will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as and when she resumes conjugal life with the petitioner and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Animesh/