Jharkhand High Court
Najima Bibi @ Najima Khatun vs The State Of Jharkhand .... .... .... ... on 24 February, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7084 of 2024
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1. Najima Bibi @ Najima Khatun, aged about 22 years, D/O-Khaji
Mohammad
2. Shakima Bibi, aged about 59 years, W/O-Khaji Mohammad
3. Khaji Mohammad, aged about 63 years, S/O-Late Miraj Ali
All resident of vill.-Karandanga, P.O.-Mohanpur, P.S.-Hiranpur,
Dist.-Pakur (Jharkhand)
.... .... .... Petitioners
Versus
The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Md. Asadul Haque, Advocate
For the State : Ms. Anuradha Sahay, Addl.P.P
For the Informant : Mr. Jawed Sultan, Advocate
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Order No.05 Dated- 24-02-2025
Heard the parties.
Apprehending their arrest in connection with Hiranpur P.S. Case
No.43 of 2024 instituted under Sections 376(1), 120B, 504 and 506 of the I.P.C.
and 4/6 of POCSO Act and 66(E), 67/67(A) of the I.T. Act, 2000 the
petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the
allegation against the petitioners is that the petitioners are respectively, the
sister, mother and father of the main accused namely Wasim Ansari and the
petitioners in criminal conspiracy with the co-accused persons were
instrumental in commission of rape upon the victim by the co-accused
person. Learned counsel for the petitioners and learned counsel for the
informant drawing attention of the court towards I.A. No.2205 of 2025
supported with the separate affidavits of the petitioners and the informant
as well as the father of the victim submits that it has categorically been
mentioned therein that both the parties have compromised the matter and
the marriage of the alleged victim was to be solemnized with the son of the
petitioner Nos.2 and 3 and in view of the said settlement of her marriage, the
informant does not want to proceed with the case. It is next submitted that
co-accused Wasim Ansari faced trial in Special Pocso case no.24 of 2024 and
has since been acquitted vide judgment dated 18.01.2025, consequent upon
the mother of the victim deposing that the victim went with the co-accused
Wasim Ansari voluntarily and the victim and her father not supporting the
case of the prosecution. It is then submitted that the allegations against the
petitioners are false. It is lastly submitted that the petitioners undertake to
cooperate with the investigation of the case and also undertakes to furnish
sufficient security including case security and they undertake not to annoy or
disturb the informant or their family members in any manner during
pendency of the case hence, the petitioners be given the privileges of
anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for
anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and
circumstances stated above, I am inclined to grant privileges of anticipatory
bail to the petitioners. Accordingly, the petitioners are directed to surrender
in the Court below within six weeks from today and in the event of their
arrest or surrendering, they will be enlarged on bail on depositing
Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/-
(Twenty five thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-I, Pakur (Jharkhand) in
connection with Hiranpur P.S. Case No.43 of 2024 with the condition that
they will co-operate with the investigation of the case and appear before
the investigating officer as and when noticed by him and furnish their
mobile number and photocopy of the Aadhar Card with an undertaking
that they will not change their mobile number during the pendency of the
case and also undertakes to furnish sufficient security including case
security and they undertake not to annoy or disturb the informant or their
family members in any manner during pendency of the case and further
conditions as laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
In view of the disposal of the instant Anticipatory Bail Application,
I.A. No.2205 of 2025 stands disposed of accordingly.
(Anil Kumar Choudhary, J.)
Rohit/
