2025:JHHC:17787 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3396 of 2025 ---- Sanjay Kumar Singh @ Sanjay Singh @ Bhola, Aged about: - 40 Years, Son of: Jawahar Lal Singh, Resident of: Turiya Beda, Post Office: Bhilaipahari, Police Station: MGM (Mango) Dimna, Town Jamshedpur District: East Singhbhum, Jharkhand …. Petitioner Versus The State of Jharkhand … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Anil Kumar, Advocate For the State : Mr. Jitendra Pandey, A.P.P. ---- 3/ 03.07.2025 This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with MGM Police Station Case No.48 of 2025, registered for offences alleged under Sections 126(2), 115(2), 331(6), 351(3) and 64(2)(m) of Bharatiya Nyaya Sanhita, pending in the Court of learned Judicial Magistrate 1st Class, Jamshedpur. 2. The prosecution case is that on the night of March 22, 2025, at 10:30 PM, the prosecutrix was at home with her children. She alleges that the accused Sanjay Kumar Singh, an acquaintance of her husband, came to her home and forcibly established physical relation with her. She further states that when she resisted, he assaulted her by grabbing her hair. When her husband suddenly came there, the accused fled away, leaving behind his clothes, two mobile phones, and slippers. The prosecutrix also claims that over the past year, Sanjay Kumar Singh has repeatedly raped her, threatening to kill her husband if she told anyone. 3. Learned counsel for the petitioner submits that the petitioner is completely innocent and has been falsely implicated in this case. He further submits that the petitioner has no criminal background. There is no material evidence that he was present in the place of occurrence. He further submits that the petitioner had given a friendly loan to the informant and her husband and when he asked them to repay the loan, they falsely implicated him in this case to avoid repaying. 2025:JHHC:17787 -: 2 :- 4. Learned APP appearing for the state has opposed the prayer for anticipatory bail. He submits that the petitioner is not entitled to the privilege of anticipatory bail. He further submits that offences are serious in nature and are non-bailable. He further submits that witnesses have also supported the prosecution case in paragraph 3 and 4 of the case diary. 5. In order to weigh the arguments of the parties, I have gone through the records of the case including the case diary. I find that there is an allegation that when victim’s husband was not there, the petitioner had physically and sexually assaulted the victim. It is alleged that she was raped and when her husband came, the petitioner fled. The victim also stated that the petitioner used to physically and sexually assault the victim by putting her under fear that if she raises alarm and discloses the fact, her husband has to face dire consequences. She also stated that the accused was regularly visiting the house of the victim. The husband of the victim Rohit Pal stated that the victim had disclosed that since last one year the petitioner was sexually harassing the victim. Same statement has been given by the other witnesses also. The fact that since last one year the occurrence of sexual harassment has been taking place has not been complained of by the victim. Further, this petitioner used to go to the house of the victim when her husband was not present. Further at the dead of night, on the fateful day, petitioner came alone and thereafter it is stated that he opened his apparels and when the husband of the victim came, the petitioner fled leaving his apparels and other belongings there. It is surprising that no one was in the house and this petitioner was opening his clothes, then why no hue and cry was made by the victim nor she tried to flee from the room. Admittedly, the victim is married and this act was continuing for one year. 6. Considering the aforesaid facts, I am inclined to allow this anticipatory bail application. The petitioner, named above, is directed to surrender before the Court below within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Jamshedpur in connection with MGM Police Station Case No.48 of 2025, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before 2025:JHHC:17787 -: 3 :- the Trial Court indicating his share in the property; with a further condition that the petitioner shall appear before the Investigating Officer once in every 15 days and shall cooperate in the investigation of the case till submission of the chargesheet. 7. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03