Prem Chand Murmu vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Jamshedpur Mahila P.S. Case No.18 of 2021 instituted under Sections 376, 506 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 forcibly committed rape upon the informant/victim on the false pretext of marriage but did not marry her. It is submitted that the allegation against the petitioner is false. It is next submitted that both the petitioner and the informant-victim are major persons, hence, the allegations make out a case of consensual sexual relationship between two adult persons. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay Rs.2,10,000/- without prejudice to his defence in this case in favour of the informant/victim subject to final decision of the case. 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 of learned J.M.-1st Class, Jamshedpur within four months from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing a demand draft of Rs.2,10,000/- without prejudice to his defence in this case drawn in favour of the informant of this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned J.M.-1st Class, Jamshedpur in connection with Jamshedpur Mahila P.S. Case No.18 of 2021 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 case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant of this case and on her proper identification, the court below shall handover the same to her forthwith.

In case the petitioner pays Rs.2,10,000/- to informant of this case, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.