Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15662 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6794 of 2024 Amit Bilung, son of Morish Bulung, resident of village Banderchuwa, P.O and P.S. Kolebira, District Simdega. ...... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------
CORAM :
SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ritesh Kumar, Advocate. For the State : Mr. Saket Kumar, A.P.P. …..... 04/16.06.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Section(s) 376(2), 313, 323 and 504 of the Indian Penal Code. Heard learned counsel for the petitioner(s) and learned APP for the State at length and had gone through the documents, annexed along with this application. Opportunity was given to the State and the informant to oppose the bail, which they availed and opposed. Admittedly both the parties are major. It is stated that both the petitioner and the victim stayed together in the same house. It is also alleged that in the same house, the petitioner committed sexual assault upon the victim on the pretext of marriage. Further, the allegation against the petitioner is of termination of pregnancy of the victim. Though this petitioner initially wanted to marry the victim, but later on he refused.
Learned counsel for the petitioner submits that since both the parties are major and the relationship was consensual and due to some dispute, the same broke, thus this case has been lodged. On instruction, counsel for the petitioner also submits that the petitioner is still ready to marry with the victim. Counsel for the State submits that there is allegation of commission of sexual assault, termination of pregnancy and assault by the petitioner upon the victim. After hearing the parties and after going through the record, I find that the allegation is that there was some affair between the victim and the petitioner. It is alleged that they have established relationship but later on the relationship did not sustain as there is allegation of assault by this petitioner upon the victim and it is alleged that the pregnancy of the victim has been terminated. The physical relationship arose because of assurance of the marriage and it is also a fact that they resided together for nine months. Considering the aforesaid facts, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned
Addl. Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No. 309 of 2024, subject to 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/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3
(ANANDA SEN, J.)