Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 3042 of 2024
Marshal Minj, Aged about 32 years, Son of Sri Somma, Resident of Village Chota Talbanna, Post Office Karanpurato, Police Station - Taljhari, District -Sahibganj … Petitioner
Versus
1. The State of Jharkhand
2. Victim (informant)
… opp. parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Raja Ravi Shekhar Singh , Adv. For the State : Ms. Snehlika Bhagat, Addl.. PP For the O.P.no. 2 : Mr. Gautam Kumar , Adv. Mr. Abhinav Raj , Adv.
06 / 27.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Taljhari P.S. Case No. 56 of 2022 registered under Sections 493/376 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim. It is then submitted that the allegations against the petitioner are all false and admittedly, the victim is a major lady. It is further submitted by learned counsel for the petitioner that in her statement under section 164 of CrPC, the victim has categorically stated that the physical relationship was established on the promise of marriage by the petitioner and subsequently, the petitioner also agreed to marry her but later on, went back from his promise. It is next submitted that, it is not the case of the informant, that the petitioner had no intention to marry the informant at the time of establishing physical relationship with her. It is further submitted by learned counsel for the petitioner that the petitioner is a married man and distance of the house of the petitioner and the informant is 100 meter and the informant was well aware
about the marital status of the petitioner and on every Sunday, the wife of the petitioner and the informant used to go to market together. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 25,000/- as cash security and on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Rajmahal in connection with Taljhari P.S. Case No. 56 of 2022 subject to the condition that the petitioner will not annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile phone number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
(ANIL KUMAR CHOUDHARY, J.) Smita/-