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Ravi Singh @ Ravi Kumar vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 1 June 2022 · Citation: (2022) 06 JH CK 0002

HON’BLE JUDGES
Gautam Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376, 376(1), 417, 493 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 4287 Of 2022
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Judgment

8 paragraphs · 277 words

Gautam Kumar Choudhary, J

Heard the counsel for the parties.

Anticipatory bail application has been filed on behalf of petitioner namely Ravi Singh @ Ravi Kumar who is apprehending his arrest in connection with Bokaro Steel City P.S. Case No. 79 of 2022 registered under Section 376(1), 417, 493 of IPC.

As per prosecution case lodged by the prosecutrix on 17.4.2022 the petitioner established physical relationship with her on false promise of marriage. It is alleged that marriage of the petitioner was engaged with another girl consequently the instant case had been lodged.

It has been submitted by the counsel for the petitioner that offence under Section 376 IPC is not made out, as prosecutrix was major and as per her own will she established physical relationship with the petitioner without any protest or demur. It is further submitted that marriage has been solemnized between the petitioner and the prosecutrix on 20.5.2022. In support of it supplementary affidavit annexing marriage certificate dated 28.2.2022 is filed.

Learned APP opposed the prayer for anticipatory bail.

On consideration of the aforesaid facts, the anticipatory bail is allowed. Accordingly, the petitioners above named in the event of their arrest or surrender are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Bokaro Steel City P.S. Case No. 79 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. The petitioners are directed to surrender before the Court below within two weeks.

This application stands allowed.