Md Sohail Vs. State of Jharkhand

in the high court of jharkhand at ranchi a. b.a. no. 3453 of 2012 md. sohail .........petitioner vs. the state of jharkhand & anr ........opposite parties coram: hon'ble mr. justice prashant kumar for the petitioner: mr. amit kumar for the state: mr. pramod kumar choudhary ,app for the o.p. no. 2: mr. faruque ansari 4/10.01.2013: anticipatory bail application filed by petitioner md. sohail is moved by sri amit kumar and opposed by sri pramod kumar choudhary, learned additional p.p. and md. faruque ansari, counsel for the o.p. no.2. it is alleged that in the year 2008 petitioner attempted to commit rape upon the complainant who happens to be the sister-in- law of the petitioner. thereafter, no case lodged against petitioner in the year 2008. it also appears from the statement of the complainant that she left her in-laws house in the year 2009, but thereafter also she has not filed any case. it then appears that husband of complainant filed a matrimonial suit vide matrimonial title suit no. 11 of 2010 for restitution of conjugal right, which was decreed on 16.5.2011. it appears that present complaint filed on 10.5.2011 i.e. six days before the decree passed in aforesaid matrimonial suit. considering the aforesaid facts and circumstance , i allow this application and direct the petitioner to surrender in the court below by 22.01.2013 and in that event the court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned s.d.j.m., jamshedpur in connection with c/1 case no. 1612 of 2011 , subject to the condition as laid down under section 438(2) of the cr.p.c. ( prashant kumar,j.) sharda/-