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2025 DAILYLAW 26080 (JHR)

PHULJEMS DUNG DUNG v. THE STATE OF JHARKHAND

A.B.A./6666/2024 · 2025-03-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6666 of 2024 ------ Phuljems Dung Dung, aged about 39 years, son of Suleman Dung Dung, resident of Village Bhatumunda, Dantaribahai, P.O. and P.S. Debagarh, District Debagarh (Odisa) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mrs. Anuradha Sahay, Addl.P.P For the Informant : Mr. Arun Kumar, Advocate ------ Order No.05 Dated-27-03-2025 I.A. No.3796 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing. Since this Anticipatory Bail Application is heard today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.6666 of 2024 Apprehending his arrest in connection with Gumla (Mahila) P.S. Case No.16 of 2024 instituted under Sections 420/376(2)(n)/313 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner repeatedly committed rape upon the informant by cheating her and caused miscarriage of her child. It is next submitted that the allegation against the petitioner is false. It is then submitted that admittedly, the petitioner is an Army personnel posted in Bihar Regiment. It is then submitted that admittedly, physical relationship between the petitioner and the informant continued for over five years. It is then submitted that there is no allegation against the petitioner that the petitioner had no intention to marry victim at the time of establishing physical relationship with the victim. Drawing attention of this Court towards para-18 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is then submitted that admittedly, the victim is a major lady and there is inordinate and unexplained delay in lodging the FIR. It is further submitted that since the petitioner is an army personnel, there is no chance of his absconding. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that petitioner undertakes to cooperate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P. appearing for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from the date of the order and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.25,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gumla in connection with Gumla (Mahila) P.S. Case No.16 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/