Belal Ansari vs The State of Jharkhand

D.N. Upadhyay

The petitioner is an accused in a case registered under Sections 376/ 511/ 420/ 34 I.P.C. in connection with Kasmar P.S. Case No. 29 of 2012, corresponding to G.R. No. 384 of 2012, pending in the Court of the Additional Chief Judicial Magistrate, Bermo at Tenughat. There is allegation in the written report that Jabbar Ansari with whom marriage of the informant was settled, was trying to establish physical relation with her for which she did not agree.

It is further alleged that a sum of Rs. 2,11,000/- was given to Kutubuddin Ansari, who happens to be the cousin brother of accused Jabbar. Thereafter, the accused persons started demanding more money and a motorcycle and refused to marry the girl.

It is submitted that the allegation of attempt to rape is against Jabbar Ansari for which the petitioner could not be held liable. Furthermore, he did not receive money from the informant or her parents. He has been implicated only because he is the brother of accused Jabbar Ansari.

Learned Counsel for the State has opposed the prayer. Considering the submissions advanced by the learned Counsel, the petitioner is directed to surrender before the court-below within four weeks from today and if he does so he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bokaro at Tenughat in connection with Kasmar P.S. Case No. 29 of 2012, corresponding to G.R. No. 384 of 2012, subject to the conditions as laid down u/s 438(2) of the Code of Criminal Procedure.