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2025 DAILYLAW 7739 (JHR)

HUSBAND OF VICTIM v. THE STATE OF JHARKHAND

A.B.A./2092/2025 · 2025-04-02

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:10114 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2092 of 2025 ------ Husband of Victim aged about 30 years, Son of XXXXXX, Resident of Village:YYYYYYY, Simdega, P.O. & P.S. Simdega, Dist.-Simdega .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ritesh Kumar, Advocate For the State : Mr. Satish Prasad, Addl. P.P ------ Order No.02 Dated- 02-04-2025 Heard the parties. Apprehending his arrest in connection with Simdega Mahila P.S. Case No.01 of 2025 instituted for the offences punishable under sections 376 and 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 has committed rape upon the victim and caused miscarriage of her child without her consent. It is next submitted that the allegation against the petitioner is false. It is further submitted that there is inordinate delay in filing the Complaint Case no.420 of 2024 by the complainant before the court of learned Chief Judicial Magistrate, Simdega which upon being referred to police under Section 156 (3) Cr.P.C., Simdega Mahila Police Case No.1 of 2025 has been registered. It is next submitted that admittedly the petitioner was having long standing sexual relationship with the victim for more than seven years and only because the petitioner refused to marry her hence this case has been foisted. It is next submitted that dispute has been amicably settled and settlement has been made before Officer-in-Charge of the concerned police station; before institution of the complaint case. It is further submitted that informant is the wife of the petitioner and petitioner solemnized marriage with the informant in the Manoharpur Shiv mandir in the year 2022. It is further submitted that both the informant and petitioner are married and because of some misunderstanding instituted this case. Drawing attention of the Court towards Annexure-3 the agreement has been made between the petitioner and victim as both of them do not want to continue conjugal life. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant/victim 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 opposes 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.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 Chief Judicial Magistrate, Simdega in connection with Simdega Mahila P.S. Case No.01 of 2025 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 numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile numbers during the pendency of the case and he will not annoy or disturb the informant/victim 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.) Rohit/