Prima facie evidence of misrepresentation and dupe influencing the denial of anticipatory bail.

ORDER

(through physical hearing)

The applicant vide the present application seeks the grant of anticipatory bail in relation to the FIR No.400/2021, PS Bindapur, under Sections 376/506/406 of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated in the instant case; that the relationship between the applicant and the prosecutrix was wholly consensual and that the alleged monetary transaction in relation to which the prosecutrix has alleged to have been duped i.e. Rs.28 lacs is only a civil transaction, qua which, the proceedings in the Civil Court can be initiated by the prosecutrix or she may move under the Negotiable Instruments Act, 1881. It has also been submitted on behalf of the applicant that both the applicant and the prosecutrix belong to the State of Bihar and this aspect has been concealed by the prosecutrix through the First Information Report. It is also submitted on behalf of the applicant that the contents of the FIR do not  bring forth the commission of any offence punishable under Section 376 of the Indian Penal Code, 1860 and that the same is sought to be incorporated only through the statement under Section 164 of the Cr.PC, 1973. It has also been submitted on behalf of the applicant that the applicant has challenged the initiation of proceedings under Section 82 of the Cr.PC, 1973, though the petition is yet to be listed. It has been submitted on behalf of the applicant that the applicant is ready to join the investigation of the case and thus he be released on anticipatory bail.

2. On behalf of the State, the status report dated 10.09.2021 has been submitted. Learned APP for the State has vehemently opposed the prayer made by the applicant seeking grant of anticipatory bail submitting inter alia to the effect that since the proceedings under Section 82 of the Cr.PC, 1973 have been initiated against the applicant, the applicant cannot even be released on anticipatory bail. Inter alia the State has placed on record along with the status report that has been submitted, the statement under Section 164 of the Cr.PC, 1973 of the prosecutrix recorded on 08.05.2021. It has been submitted thus on behalf of the State that the status report and the statement under Section 164 of the Cr.PC, 1973 of the prosecutrix support the contentions that have been raised by the complainant of her having been raped by the applicant pursuant to a false promise of marriage and that she has also been duped of money in relation to which the monetary transactions have been verified from the bank of the complainant/ prosecutrix.

3. The prosecutrix who is present in person opposes the prayer that has been made by the applicant and submits that she was duped into the relationship by the applicant after she had associated with him on Jeevansathi.com and all details given by the applicant of his being posted as a Major in the Army are false and that in fact the applicant was also a married man as has been borne out through further investigation conducted. The prosecutrix further submits that the applicant had entered into sexual relations with her only on a premise of false information given by him of his being a Major in the Army and a false promise to marry and when she informed him of her pregnancy, he asked her to abort and she got herself aborted between 15-20.10.2020. She also states that the applicant promised her that he would get jobs for her relatives and family members, in relation to which, money had been paid by her and when the said jobs were not arranged, the applicant had given four cheques for sums of Rs.15-20 lacs which had not been cleared due to lack of sufficient fund. She also states through her statement under Section 164 of the Cr.PC, 1973 that it has been learnt that the applicant is actually named Praveen Kumar and is married to Shweta Kumari. The prosecutrix has further stated now as also stated through her statement under Section 164 of the Cr.PC, 1973 that the applicant had th