Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7944 of 2024
------ Sunil George Kandulna, aged 36 years, son of Sri Boas Kandulna, resident of village Gondra, P.O.+P.S.: Barda, Dist: Khunti, Jharkhand 835227
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Amit Kumar Choubey, Advocate
Mr. Abhay Kr. Chaturvedy, Advocate
For the State
: Mr. Praful Jojo, Addl.P.P
For the Informant : Mr. Prabhat Kr. Sinha, Advocate
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Order No.03 Dated-10-01-2025
Heard the parties.
Apprehending his arrest in connection with Latehar (Mahila) P.S. Case No.08 of 2024 instituted under Sections 376/313/506/34 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 committed rape upon the minor victim girl on 18.01.2011 against her wish on the promise to marry her and admittedly, the physical relation between the parties continued till 18.05.2024 and admittedly the petitioner and the victim remained in live-in- relationship from 2016 to December, 2023 and there are several documents in which the victim has mentioned the petitioner as her husband and the petitioner has mentioned the victim as his wife. It is submitted that the allegation against the petitioner is false. It is next submitted that admittedly the petitioner is a Doctor by profession posted in Sadar Hospital, Latehar and is a Government Servant. It is also submitted that there is no chance of the petitioner absconding. It is next submitted that in view of the unexplained delay in lodging the FIR of more than 13 years, no purpose would be served by denying bail to the petitioner. It is further submitted that the petitioner undertakes that he will not annoy or disturb the victim or any
of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate 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 today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.1,00,000/- 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 C.J.M., Latehar in connection with Latehar (Mahila) P.S. Case No.08 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 victim or any of her family members 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/