High CourtsSingle Bench

Md. Akmal vs State Of Jharkhand & Anr

Jharkhand High Court · Decided on 28 July 2023 · Citation: (2023) 07 JH CK 0042

HON’BLE JUDGES
Ratnaker Bhengra, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 3927 Of 2023
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Judgment

8 paragraphs · 303 words

Ratnaker Bhengra, J

When the matter is called out, the learned counsels for the parties have appeared.

Both the parties are physically present in the Court today. The opposite party no.2 Sk. Jahangir is present along with his daughter and the petitioner is present in the court with his brother.

It is submitted that nikah has already been performed between the petitioner and the daughter of the opposite party no.2.

Learned counsel for the petitioner submits that petitioner is ready to keep his wife and child with all honour, dignity and safety. The daughter of opposite party no.2 is also ready to live with her husband. The petitioner is ready to take his wife and child with him today from the Court premises itself.

In view of the above, I am inclined to extend the privilege of anticipatory bail to the petitioner, named above. Accordingly, the petitioner is directed to surrender before the learned Court below within a period of three weeks from today and on his surrender or arrest, he shall be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge- POCSO Act, Sahibganj, in connection with Sahibganj (M) P.S. Case No. 101 of 2022, subject to the condition that the petitioner will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his number during pendency of the case and subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

If the petitioner fails to comply with the order of this Court, the victim or daughter of opposite party no.2 is at liberty to take whatever recourse of law is available to her.

This application stands allowed.