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( 2025:JHHC:11385 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.939 of 2025
------ Kalyan Dey, aged about 25 years, son of Laxmi Narayan Dey resident of Patpur, PO & PS Baharagora, Dist East Singhbhum Jharkhand.
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Adhiya Battal, aged about 23 years, Father name Shri Niranjan Battabyal, R/o- Kiyajharia, P.O- Darnhuli, P.S- Basol, Dist- East Singhbhum, Jharkhand.
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Md. Nasim Akhtar, Advocate
Mr. Mahesh Tewari, Advocate
For the State
: Mr. Achinto Sen, Addl.P.P
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Order No.03 Dated-11-04-2025 I.A. No.4042 of 2025
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant Anticipatory Bail Application.
Since hearing of the instant Anticipatory Bail Application is taken up today, hence, this interlocutory application is disposed of being infructuous.
(Anil Kumar Choudhary, J.) A.B.A. No.939 of 2025
Apprehending his arrest in connection with Baharagora P.S. Case No.62 of 2024 instituted under Sections 126(2)/115(2)/69/352/3(5) of the B.N.S., 2023, 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 by deceitful means and making promise to marry the informant without any intention of fulfilling
the same, had sexual intercourse with her. It is submitted that the allegation against the petitioner is false. It is then submitted that the informant-victim has undergone sex reassignment surgery from male to female on 14.05.2024. It is further submitted that date of each of the occurrence of sexual intercourse has not been revealed by the victim in the FIR. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P. appearing for the State opposes the prayer for grant of anticipatory bail to the petitioner and submits that as on 14.05.2024, the informant-victim was a full-fledged female and there is direct and specific allegation against the petitioner of having sexual intercourse with the informant by deceitful means and making false promise of marrying her without any intention of fulfilling the same; hence, custodial interrogation of the petitioner is required during the investigation of the case to find out the details of the case. Hence, it is submitted that the petitioner ought not to be given the privileges of anticipatory bail.
Considering the serious nature of allegation against the petitioner of having sexual intercourse with the informant by deceitful means and making promise of marrying her without any intention of fulfilling the same as well as the requirement of his custodial interrogation during the investigation of the case to find out the details of the case, this Court is not inclined to give the privileges of anticipatory bail to the abovenamed petitioner. Accordingly, the prayer for grant of privileges of anticipatory bail to the abovenamed petitioner is rejected.
(Anil Kumar Choudhary, J.) Saroj/