Jatinder Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking anticipatory bail in case FIR No. 31 of 2022, dated 15.2.2022, registered in Police Station Amb District Una, H.P. under Sections 377, 354, 506, 509 of the Indian Penal Code (for short ‘IPC’) and Section 8 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’).

Status Reports stand filed and record was also made available. Learned counsel for the petitioner has also placed on record certain documents by filing Cr.M.P. No. 697 of 2022, which were taken on record for consideration.

As per status reports, on 15.2.2022, Police Party went to Civil Hospital, Hoshiarpur to verify the facts regarding report No. 38, dated 15.2.2022, where victim (wife of petitioner) made a statement under Section 154 Cr.P.C. stating therein that she was married to petitioner on 24.11.2017 and out of wedlock a daughter was born on 12.10.2018. After behaving nicely for some time, her in-laws started misbehaving with her and she had disclosed this in her maternal family, but for the sake of honour of the family, she continued to bear it and when she was pregnant her husband used to have anal intercourse with her, but it was also not disclosed by her to save honour of in-laws. It has further been stated in the complaint that petitioner used to touch breast and private parts of the daughter with ill intention and father-in-law of the victim used to come naked in front of her and to do vulgar activities and sometimes her Jeth and Jathani used to lock her in the bathroom. It was also stated that Lucky son of her Uncle father-in-law (Chacha-Sasur) also used to pass vulgar comments and whenever she discussed all these activities of her family members with her husband, he used to threaten her and since for last 8 to 10 days her husband was doing unnatural intercourse with her but she did not disclose it to anyone, but ultimately she was fed up and disclosed all that to her mother, who advised her to leave the matrimonial house alongwith daughter and come to live with her mother in maternal house and, therefore, on 12.2.2022, she alongwith her daughter left her in-laws house and went to her parental place Chohal in Punjab and her mother took her to Civil Hospital Hoshiarpur on 14.2.2022, wherefrom she was under treatment. According to complaint, victim had also approached Pradhan and Panch, who had advised her to adjust with her father-in-law. It is also stated in the complaint by the victim that her Dever Narender Kumar also used to pass vulgar comments.

On the basis of aforesaid statement, FIR was registered under Section 377, 354, 506, 509 IPC and Section 8 of POSCO Act by sending rukka to Police Station, Amb.

During investigation, statement of victim was also recorded before Judicial Magistrate First Class (3), Amb, District Una, H.P. under Section 164 Cr.P.C. Co-accused Ranjeet Singh, i.e. father-in-law of victim, has been enlarged on anticipatory bail by the Sessions Court, Una on 21.2.2022, whereas Narender Kumar and Karan Thakur alias Lucky withdrew their respective bail applications as against them offence only under Section 509 IPC was made out because there was no allegation of commission of any non-bailable offence by them.

Medical opinion of Doctor was also obtained from Civil Hospital, Hoshiarpur, who opined that patient was examined and on examination there was no tenderness folliculitis over vulva, no sepsis signs over anus and that patient was given kit 6 and local antibiotic.

Learned counsel for the petitioner has submitted that relations between the victim and her husband as well as with other family members of her in-laws were not cordial and in the year 2019 a meeting of family members of in-laws and maternal family members of victim was conducted on 8.9.2019 in Gram Panchyat, Mubarakpur, wherein father and sister of victim and Sarpanch of Panchayat of Chohan (maternal place of victim) had also attended the meeting and in that meeting victim and her husband were allotted two rooms separately on one side of new house with direction to them to shift the doors of those rooms to other side and on that side 4 meters vacant land was also given to them. As per proceedings of Panchyat, placed on record, victim was advised by the Panchyat not to level such allegations against her in-laws which had no basis. Copy of application addressed to Deputy Superintendent of Police Amb, District Una, H.P., submitted by Ranjeet Singh (father-in-law of victim) has also been placed on record, whereby he had complained against victim and her father, brother, sister and one another boy, who had tried to thrash the family of in-laws of victim on 8.8.2019 and had threatened that victim shall commit suicide and in-laws of victim shall be detained in jail and their family shall be ruined and further that, thereafter at about 11:00 P.M., they took victim and her husband Jatinder Kumar (petitioner) alongwith them to village Chohal by putting locks on the rooms wherein victim and her husband were residing. According to this complaint father of victim, her elder sister alongwith her husband and 3-4 persons again came to Mubarakpur and on that day Ranjeet Singh had called Khangi Panchayat, but dispute could not be resolved.

It has been further contended that Sudesh Kumari (Jathani) of victim was also beaten by victim and her parents, and in this regard Sudesh Kumari (Jathani of victim) had filed a complaint in Gram Panchyat, Mubarakpur. Gram Panchyat had called both sides for hearing, but victim and her maternal family did not turn up and on contacting telephonically, they misbehaved with Pradhan of Gram Panchyat and abused him. In this regard copy of proceedings of Panchyat has also been placed on record. Copy of complaint filed by Sudesh Kumari has also been placed on record.

On behalf of petitioner invitation card of marriage of Narender, who is younger brother of petitioner and Dever of victim, has also been placed on record to indicate that on 17th, 18th and 19th February, 2022, marriage of younger brother of petitioner was scheduled and in order to harass the family of her in-laws, victim had chosen to lodge the complaint against entire male members of family on 15.2.2022 by leveling false allegations which had no basis.

Learned counsel for the petitioner has contended that as per victim, she remained silent till 15.2.2022 for protecting the honour of family of her in-laws and did not make any complaint to anyone. Whereas, from the material placed on record, it is evident that since long she was quarreling with the family of her in-laws and her maternal family was interfering in the family life of in-laws and there were complaints and counter-complaints between family members of her in-laws and also against maternal and in-laws families of victim and Panchyats were being convened to settle the dispute and, therefore, it is apparent on the face of complaint that it is a false complaint made in order to harass the family of her in-laws and to disturb the marriage function of her Devar.

Taking into consideration entire material placed before me, but without commenting upon the merits of claim and counter-claim of complainant as well as accused persons, but considering the factors and parameters required to be considered at the time of adjudication of bail application, I am of the opinion that petitioner may be enlarged on bail.

Accordingly, petitioner is ordered to be enlarged on bail on furnishing personal bond in the sum of 50,000/- with one surety in the like amount, to the satisfaction of learned Trial Court, within three weeks from today and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure presence of the petitioner at the time of trial:-

(i) That the petitioner shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse her liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;

(viii) he shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.