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2025 DAILYLAW 8055 (JHR)

ROHIT SINGH @ ROHIT KUMAR SINGH v. THE STATE OF JHARKHAND

A.B.A./1932/2025 · 2025-03-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1932 of 2025 ------ Rohit Singh @ Rohit Kumar Singh, Aged -29 Yrs., S/o- Kamlesh Singh, R/o- Badhariya, P.O. + P.S.- Badhariya, Dist- Siwan (Bihar) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Paritosh Rai, Advocate For the State : Mr. Satish Kr. Keshri, Addl. P.P For the Informant : Ms. Twinkle Rani, Advocate Mr. Shubham Srivatsa, Advocate ------ Order No.02 Dated- 25-03-2025 Heard the parties. Apprehending his arrest in connection with Mahila P.S. Case No.16 of 2024 instituted under Sections 376 (2) (n), 417, 323, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has repeatedly committed rape upon the informant/victim on the promise of marriage. It is further submitted that the allegation against the petitioner is false. It is next submitted that there is no allegation that the petitioner had no intention to marry the informant/victim at the time of establishing physical relationship with her. It is further submitted that admittedly the victim is a major lady and the petitioner has solemnized marriage with her but as the petitioner has filed a petition vide Matrimonial Case No.174 of 2025 in the Family Court, Gautam Buddha Nagar; for restitution of conjugal life with the informant, the informant has falsely foisted this case against the petitioner. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned counsel for the informant submits that the petitioner and the informant have solemnized marriage. 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 J.M., Ranchi in connection with 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.) Animesh/