Bisun Marandi vs State Of Jharkhand

Gautam Kumar Choudhary, J

Apprehending his arrest, petitioner- Bisun Marandi has moved this Court for grant of privilege of anticipatory bail in connection with Lokainayanpur P.S. Case No. 06 of 2022 registered under Section 376 of the Indian Penal Code.

Heard the parties.

As per the prosecution case, the prosecutrix came in contact of the petitioner in the year 2018 when both of them were studying at Hazaribagh. Both of them had developed intimacy and physical relationship in the year 2020 which was continued on false promise of marriage.

It is submitted by learned counsel for the petitioner that since as per the FIR it was consensual physical relationship, so offence under Section 376 of IPC will not be made out. In this regard, learned counsel for the petitioner has relied on a judgment rendered in Ansaar Mohammad Vs. The State of Rajasthan & Anr. {2022 Live Law (SC) 599} and in 2021 SCC OnLine SC 181 {Sonu alias Subhash Kumar Vs. State of Uttar Pradesh & Anr.

The Addl. P.P. opposed the prayer for bail and submitted that the petitioner is named in the FIR and there is direct allegation against the petitioner of consensual exploitation to the prosecutrix and also extortion of amount from her. He further submitted that the offence under Sections 493, 417 of IPC will also not be made out on the basis of facts as disclosed in the FIR.

Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C.

The petitioner will cooperate in the investigation and will appear on notice under Section 41A of Cr. P.C.