Azharuddin Ansari vs State Of Jharkhand And Ors

Heard Mr. P.S. Dayal , learned counsel for the petitioner and Mr. Suraj Kr. Verma, learned Spl. P.P. for the State as well as Mr. Vikash Kumar,

learned counsel appearing for the opposite party no. 2.

The petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Mahila P.S. Case No. 31 of 2019.

The marriage of the informant was solemnized with the petitioner on 23.04.2015. It has been alleged that since 10.06.2015 the accused persons had

abused and assaulted her which continued unabated and even after the petitioner went to Qatar to earn his livelihood she was subjected to torture by

the other accused persons.

Learned counsel for the petitioner submits that the other accused persons have been granted anticipatory bail by this Court. It has been stated that the

informant had obtained Khulla (Divorce) from the petitioner but once again solemnized marriage with the petitioner on 25.01.2016. Learned counsel

therefore submits that the petitioner is at present at Qatar and is regularly sending money for maintenance of the informant and her daughters.

Mr. Vikash Kumar, learned counsel appearing for the opposite party no. 2 has stated about the specific nature of allegation levelled against the

petitioner. He has further submitted that the informant is residing at her parents house and in fact sufficient modes of maintenance are not being

provided by the petitioner.

A perusal of the First Information Report reveals that the allegations are general and omnibus in nature so far as the petitioner is concerned. In fact

after the petitioner had left for Qatar specific allegation has been levelled against the other in-laws of the informant with respect to the commission of

torture. It also appears that Khulla had taken place between the petitioner and the informant and all the house hold articles and Dain-Mehar were

returned back to the informant who had subsequently once again solemnized marriage with the petitioner on 25.01.2016.

Be that as it may, considering the generality of allegations levelled against the petitioner and the same being specific against the other accused persons

who as stated above have already been granted anticipatory bail by this Court, I am inclined to extend the privilege of anticipatory bail to the petitioner.

The petitioner accordingly is directed to surrender before the learned court below within a period of eight weeks and on his surrender, he shall be

released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of

learned Judicial Magistrate 1 st Class, Jamshedpur in connection with Mahila P.S. Case No. 31 of 2019, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.