IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2591 of 2011
Md. Anwar Hussain ... ... Petitioner
-V e r s u s -
The State of Jharkhand ... ... Opposite Party
...
CORAM: - HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. R.S. Mazumdar, Advocate.
For the State: : APP
For the O.Party No. 2: Mr. R.L. Yadav, Advocate.
7/20.10.2011 The petitioner is accused in connection with Markacho P.S. Case
No. 48/2010 [G.R. No. 364/2010] for the offence under Section 376 of the
Indian Penal Code.
The allegation against the petitioner is that he has committed rape
on daughter of the informant, who is a minor girl.
It is submitted that prior to institution of this case, the petitioner
had lodged a case against the family members of the present informant.
Further, this case has been lodged after a delay of more than one month.
Learned counsel for the informant has opposed the prayer for
anticipatory bail.
Considering the heinous nature of offence, I do not find it a fit
case to grant anticipatory bail to the petitioner abovenamed under Section
438 of the Cr.P.C..Consequently, the prayer for anticipatory bail of the
petitioner is rejected.
However, the petitioner is directed to surrender before the Court
below within one month from today for seeking regular bail, which may be
considered on its own merit, without being prejudiced by this Order and the
bail petition shall be disposed on the date of filing itself.
(D. N. Upadhyay, J.)
RC