Sajid Hussain vs The State Of Jharkhand
2023 Latest Caselaw 563 Jhar

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               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (SJ) No.877 of 2022

         Sajid Hussain
         @ Mohammad Sajid Ansari
         @ Sajid Husen                               .....   Appellant
                                Versus
         The State of Jharkhand                      ....      Respondent

               CORAM:        HON'BLE MR. JUSTICE NAVNEET KUMAR

         For the Appellant              :       Mr. Bhaskar Trivedi, Advocate
                                                Mr. Bipin Bihari, Advocate
         For the State               :          Mrs. Ruby Pandey, APP
         For the O.P. No.2           :          Mr. Yogendra Yadav, Advocate
                                 -----

3/2.02.2023 Heard learned counsel appearing on behalf of the appellant and learned counsel appearing on behalf of respondent No. 2 the victim- informant of this case. Learned APP is also present on behalf of the state.

It is submitted on behalf of the petitioner that this criminal appeal is directed against the order / Judgment dated 28.11.2022 passed by Special Judge SC/ST Act, Giridih, in Misc. Cr. Application No. 1852 of 2022, corresponding to SC/ST Case No.60 of 2022, in connection with Tisri P.S. Case No.53 or 2022 dated 01.07.2022 for the offence punishable under section 376D, 376E, 504, 506, 509/34 of Indian Penal Code and under Section 3(1)(r)(s)(w) of SC/ST (Prevention of Atrocities) Act whereby and where under the court below has rejected the prayer of the appellant.

It has been submitted on behalf of both the parties including the petitioner and opposite party No. 2 that during the pending of this case, the matter has been resolved and both the appellant and the informant have agreed to marry each other. It has also been pointed out that the dispute arose between the parties only because of the allegation that the appellant had deceived victim and after giving assurance and promise to marry with the victim, the appellant did not marry and resiled from his promise and now the matter has been settled by the intervention of the well-wishers and common friends of both the parties and both the appellant and informant have agreed to get married with each other and therefore it is urged on behalf of both the parties that let the appellant be enlarged on bail.

It appears from the record that the counter affidavit has also been filed on behalf of the informant victim praying therein that the appellant has agreed to marry with her and therefore she does not want to pursue this case and because of the intervention of the well-wishers and common friends, the dispute between them has been settled once and for all and now there is no grievance of the informant against this appellant as both of them are ready to marry each other with mutual consent. A compromise petition, which was filed in the learned court below is also annexed with the counter affidavit vide Annexure-A.

Learned APP appearing on behalf of the state did not controvert this fact that the compromise has taken place between the parties including the victim and the appellant and as per the FIR, the dispute has arisen between the parties only because of the fact that the appellant had denied to marry with the victim after establishing physical relationship with her and the victim is 22 years old as per the FIR and thus she is major.

Having taken into consideration the aforesaid submission and facts, the appellant is directed to be enlarged on provisional bail till 2nd May 2023, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Special Judge SC/ST Act, Giridih, in Misc. Cr. Application No. 1852 of 2022, corresponding to SC/ST Case No.60 of 2022, in connection with Tisri P.S. Case No.53 or 2022, subject to the conditions as laid down under Section 439 of Cr.P.C., and further subject to the condition that after coming out from the jail, the appellant and the victim would solemnize the marriage and they would file the steps taken and the marriage certificate for getting the marriage registered before the concerned registrar for their marriage.

Put up this case on 2nd May 2023 with a direction to submit the steps taken and the marriage certificate as a proof of marriage between the appellant and the victim to that effect.

(Navneet Kumar, J.) R.Kumar