Jharkhand High Court
Chhotu Mian @ Md. Zulfakhar Alam vs The State Of Jharkhand on 22 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1317 of 2024
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Chhotu Mian @ Md. Zulfakhar Alam, aged about 31 years,
son of Md. Anwar Ali, resident of Village-Ishipur, P.O.-
Ishipur, P.S.-Ishipur Barahat, Dist.-Bhagalpur, State-Bihar
… Petitioner
Versus
1. The State of Jharkhand
2. Shanaaz Khatoon, aged about 52 years, w/o Shamim
Ansari, Village-Tetaria, P.S.-Mirzachowki, Dist.-Sahibganj
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
——
For the Petitioner : Mr. Rohan Mazumdar, Advocate
: Mrs. Jasvindar Mazumdar, Advocate
For the State : Mrs. Shweta Singh, Addl. P.P.
For O.P. No.2 : Mr. Parambir S. Bajaj, Advocate
——
Order No.06 Dated- 22.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with
Mirzachouki P.S. Case No.41 of 2023 registered under sections
364/365/363/366A/419/420/120B/34 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the
allegation against the petitioner is that the petitioner has enticed
away the minor victim girl with an intention to marry her. It is
further submitted that the allegations against the petitioner are all
false and the alleged victim is a major lady and she has voluntarily
went with the petitioner. It is next submitted that the allegation
against the petitioner is concocted, baseless and due to dirty
politics, the petitioner has been implicated in this case. It is also
submitted that the victim has been recovered and there is no
document to show any entrustment of money to the petitioner. It is
then submitted that the petitioner undertakes to furnish sufficient
security including cash security and also undertakes to cooperate
with the investigation of the case. It is lastly submitted that the co-
accused person has already been given the privilege of anticipatory
bail by a coordinate Bench of this Court vide order dated
21.03.2024 in A.B.A. No.1213 of 2024. Hence, it is submitted that
the petitioner be also given the privilege of anticipatory bail.
Learned Addl. P.P. and the learned counsel for the opposite
party no.2 opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as
discussed above, I am of the opinion that it is a fit case where the
abovenamed petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of
eight weeks from the date of this order, he shall be released on bail
on depositing cash security of Rs. 1,00,000/- and on furnishing bail
bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of learned
S.D.J.M., Sahibganj, in connection with Mirzachouki P.S. Case
No.41 of 2023 with the condition that the petitioner will cooperate
with the investigation of the case and appear before the
Investigating Officer as and when noticed by him and will furnish
his mobile number and a copy of his Aadhar Card in the court
below with the undertaking that he will not change his mobile
number during the pendency of the case subject to the conditions
laid down under Section 438 (2) of Cr.P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
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