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Nuhu Sk and anr Vs. State of Jharkhand - Court Judgment

SooperKanoon Citation

Court

Jharkhand High Court

Decided On

Appellant

Nuhu Sk and anr

Respondent

State of Jharkhand

Excerpt:


.....against these two petitioners though it appears to be quite improbable that these petitioners would commit offence, as has been alleged, particularly when it is said that farid sk. married the complainant before the marriage registrar and, therefore, these petitioners deserve to be admitted on bail. as against this, learned counsel for the complainant submits that these two petitioners had assisted farid sk. in kidnapping the complainant. regard being had to the facts and circumstances of the case, both the petitioners above-named are directed to be released on bail on furnishing bail bond of rs. 10000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned sub divisional judicial magistrate, rajmahal in connection with pcr case no. 437 of 2011 (barhwarwa p.s. case no. 16 of 2011, g.r. no. 54 of 2011). (r.r. prasad, j.) akt

Judgment:


IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5033 o”

1. Nuhu Sk.

2. Imam Sk. Petitioners Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioners : Mr. J.P. Jha, Sr. Advocate For the State : A.P.P. For the Complainant : ----- 5/14.08.2013 Heard learned counsel appearing for the petitioners, learned counsel for the complainant and learned A.P.P. appearing for the State. The petitioners are accused in a case instituted under Sections 366 and 376 of Indian Penal Code. Learned counsel appearing for the petitioners submits that a case was lodged against these two petitioners as well as one Farid Sk., who happens to be the grand-son and the son of petitioner nos. 1 and 2, alleging therein that all these persons came to the house of the complainant and took away the complainant forcibly while she had come out of the house for easing herself and got her married forcibly with Farid Sk., but the allegation was found to be false by the police and thereupon a complaint was lodged upon which cognizance of the offence has been taken against these two petitioners though it appears to be quite improbable that these petitioners would commit offence, as has been alleged, particularly when it is said that Farid Sk. married the complainant before the Marriage Registrar and, therefore, these petitioners deserve to be admitted on bail. As against this, learned counsel for the complainant submits that these two petitioners had assisted Farid Sk. in kidnapping the complainant. Regard being had to the facts and circumstances of the case, both the petitioners above-named are directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rajmahal in connection with PCR Case No. 437 of 2011 (Barhwarwa P.S. Case No. 16 of 2011, G.R. No. 54 of 2011). (R.R. Prasad, J.) AKT


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