2025:JHHC:20871 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3096 of 2025 ---- Jitendra Rathor, S/o Late Lalan Rathore, R/o Village Sonarkhap, P.O. Matpa, P.S. Kutumba, District Aurangabad (Bihar). … … Petitioner Versus 1. The State of Jharkhand 2. Victim … … Opposite Parties ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Anurag Kashyap, Advocate For the State: Mr. Tarun Kumar, A.P.P. For the Informant : Mr. Vishnu Prabhakar Pathak, Advocate ---- 03/ 28.07.2025 Heard learned counsel for the petitioner, learned A.P.P. appearing for the State and learned counsel appearing for the informant- victim. 2. This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita has been preferred by the petitioner apprehending his arrest in connection with Kamdara P.S. Case No. 12 of 2025 for offences registered under Sections 64 and 318(4) of the Bharatiya Nyaya Sanhita 2023, pending in the Court of the Additional Chief Judicial Magistrate, Gumla. 3. As per the First Information Report, it has been alleged that an unknown person came to the house of the informant and introduced himself as a doctor who could help her conceive baby. It has been further alleged that the man took the informant inside the room in the name of treatment after asking her mother-in-law to go out of the room and thereafter committed rape upon her and also threatened her not to disclose the fact to anyone. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The First Information Report has been lodged against an unknown person and the phone number provided by the informant also does not belong to the petitioner. Learned counsel also argued that there is a delay of four days in lodging the First Information Report, inasmuch the occurrence is stated to have taken place on 22.02.2025 at 15.30 hours, whereas the First Information Report was lodged on 26.02.2025. Learned counsel also contended that the alleged photograph of the person sitting on the motorcycle is not that of the petitioner. The petitioner has falsely been implicated in this case only on the basis of the owner book of the motorcycle. Learned counsel further contended that the 2025:JHHC:20871 -: 2 :- alleged mobile number, which has been mentioned in the First Information Report, also does not belong to the petitioner. He lastly submits that the story as narrated in the First Information Report is absurd. 5. Learned counsel representing the state and opposite party No. 2 vehemently opposed the prayer of the petitioner for grant of anticipatory bail. 6. After hearing the counsel for the parties and going through the records, I find that the petitioner is not named in the First Information Report. He has been implicated in this case only on the basis owner book of the motorcycle. From the nature of allegation, I find that when the person posing himself to be a doctor on the plea of treatment, had committed sexual wrong, no protest was made by the victim and even it has been alleged that the mother-in-law of the victim also had given a sum of Rs.7,000/- to the person. The mother-in-law was also present in house, but surprisingly, the victim did not shout for help. Further, it also appears that the First Information Report has been lodged after lapse of four days of the date of occurrence. The manner of occurrence as has been narrated creates a doubt over the veracity of the prosecution case. Considering all these, I am inclined to allow this anticipatory bail application. The petitioner, named above, is directed to surrender before the Court concerned 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 Additional Chief Judicial Magistrate, Gumla in connection with Kamdara P.S. Case No. 12 of 2025, subject to the condition that one of the respective bailers should be close relative of the petitioners 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 the Trial Court indicating his share in the property. Further, the petitioner shall cooperate with the investigation of the case and shall appear before the Investigating Officer once in every 15 days till submission of the Chargesheet/Final Form. 7. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03