Smt. Shradha Devi @ Sharda Devi and Others vs State of Jharkhand

R.R. Prasad, J.—Heard the learned Counsel appearing for the petitioners and the learned A. P. P. appearing for the State.

The petitioners, who are accused for offence under Sections 376/379/323 and Section 34 of the Indian Penal Code, pray for anticipatory bail expressing apprehension of their arrest in connection with Barhi P.S. Case No. 62 of 2008.

Learned Counsel appearing for the petitioners submits that it is the case of the prosecution that the informant had married Vijay Swarnkar in the year 2001, but he committed suicide in the year 2002, after one year of the marriage for the reason that he was tortured by these petitioners and thereafter, petitioner No. 1-Gotni of the informant and her husband-petitioner No. 2. assured the informant that they will get her married with the petitioner No. 3-the youngest brother of the deceased and, accordingly, petitioner No. 3 went on having sex with her, but ultimately, he refused to marry her and married another girl and, therefore, these petitioners have been alleged to have committed offence u/s 376 of the Indian Penal Code, though none of the petitioners, can be said to have committed offence, as has been alleged, even if the entire allegations, made in the first information report, are taken to be true, as the informant was having sex with the petitioner No. 3 with her consent and so far petitioner Nos. 1 and 2 are concerned, there has been no such allegation and as a matter of fact, this case is an outcome of a property dispute as the complainant is insisting on for partition of the properties.

As against this, learned Counsel appearing for the State submits that there has been specific allegation against the petitioner No. 3 of commission of the offence of rape and so far petitioner Nos. 1 and 2 are concerned, there has been allegation of assaulting the informant.

Regard being had to the facts, and circumstances of the case, the petitioners No. 1 and 2 are directed to surrender before the Court below within ten days from the date of this order and on their surrender, the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties or the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hazaribagh, in connection with Barhi P.S. Case No. 62 of 2008, corresponding to G.R. No. 1351 of 2008. subject to condition as laid down u/s 438(2) of the Code of Criminal Procedure.

So far petitioner No. 3 is concerned, his prayer for anticipatory bail'' is, hereby rejected.

However, if the petitioner No. 3 surrenders and prays for regular bail, the same be disposed of after taking into consideration the submissions, regarding non-attraction of the offence u/s 376 of the Indian Penal Code and also the submission that the dispute is going on, in between the parties, relating to the property. Anticipatory bail rejected.