MD MUSTAKIM & ORS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Anticipatory bail application filed by petitioners, Md. Mustakim, Md. Ajam @ Ajamuddin and Md. Asgar is moved by Sri Kailash Prasad Deo learned counsel for the petitioner and opposed by Mrs. Lily Sahay, learned Additional P.P.

(2.) It is alleged that these petitioners took complainant forcibly for abortion. However from perusal of paragraph no. 74 of the case diary, it appears that Doctor has categorically stated that complainant came to the Hospital along with her mother for abortion and she voluntarily asked the hospital authority for termination of pregnancy.

(3.) Considering the aforesaid statement of Doctor, I allow this application and direct the petitioners, above named, to surrender in the court below by 20th of January 2011. If petitioners surrender by that time, the learned Court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Giridih in connection with Tisri P.S. Case No. 59 of 2006 corresponding to G.R. No. 1920 of 2006 subject to the condition laid down under Section 438 (2) of the Cr.P.C.