SUGNI KHATUN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 439(2) of the Code of Criminal Procedure with a prayer to cancel the anticipatory bail granted to the opposite party No.2 in terms of the order dtd. 12/1/2022 passed in A.B.A. No.26 of 2022 in connection with Thakurgangti P.S. Case No.45 of 2021 registered for the offences punishable under Ss. 456/342/376 of the Indian Penal Code, now pending in the Court of Judicial Magistrate-1st Class, Godda.

(3.) Learned counsel for the petitioner submits that the allegation against the opposite party No.2 is that he committed rape upon the petitioner. It is submitted that the anticipatory bail was granted to the opposite party No.2 inter alia because the opposite party No.2 who was the petitioner in A.B.A. No.26 of 2022 filed the copy of the certified copy of the joint compromise petition filed by the parties in the court of learned Judicial Magistrate, Godda. It is next submitted that because of threatening to the petitioner due to fear, the petitioner put her thumb impression in the compromise petition dtd. 16/9/2022. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.