IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA, J.
Vijay Anand & Ors. - Petitioners
Versus
State of Jharkhand - Opposite Party
A.B.A. Nos. 10846, 10882 of 2022
Decided On : 05-05-2023
Indian Penal Code,1860 – Sections 493, 496, 376, 307, 379, 323, 506 and 34 – Criminal Procedure Code,1973 – Section 41(A) – Offence of Rape – Voluntarily causing hurt – Criminal intimidation – Common intention – No complaint was ever lodged against petitioners by informant before any Authority or to his own parents or well-wishers and no medical examination report for occurrence is filed – It appears that there are allegations and counter allegations showing haste decision by both parties in matter of marriage without understanding each other – Both parties are divorcee prior to their present marriage – Considering overall aspects of case as discussed above coupled with facts that petitioners have complied notice and co-operating in investigation of case, Court feel inclined to extend privilege of anticipatory bail to petitioner – Order accordingly
JUDGMENT :
1. Heard learned counsel for the parties.
2. Apprehending their arrest in connection with Chas Mahila P.S. Case No. 23 of 2022 instituted under Sections 493, 496, 376, 307, 379, 323, 506 and 34 of the Indian Penal Code, later on converted into Sections 498-A, 323, 506 and 504 of IPC, the petitioners have moved this Court for grant of privilege of anticipatory bail.
3. Both anticipatory bail applications arising out of same FIR, have been heard together.
4. In the present case, FIR depicts that the informant and the petitioner Vishal Anand developed intimacy with each other through matrimonial site “Shadi. Com.” It is alleged that petitioner Vishal Anand called upon the informant to Delhi in the year 2020 for solemnizing marriage with her and kept her in his house in the guise of marriage and sexually exploited for six months. At the time of said purported marriage, jewellery worth Rs.8.5 lakhs was presented to the informant by her parents. When she became pregnant, all petitioners drove her out from the matrimonial home after assaulting and snatching her ornaments and other belongings. On 19.11.2021, the informant gave birth to a female child at her parental home, then her husband Vishal Anand came to Bokaro and took all medical documents of delivery saying that he will get reimbursement of all medical expenses from his company. On 14.01.2022, Vishal Anand by persuading her father took the informant and her daughter to New Delhi where, she was asked to give her daughter to petitioner No.3-Vandana Anand. On refusal, she was assaulted at the hands of Vandana Anand(sister-in-law) with fists and legs and Vanita Anand(mother-in-law) also assaulted on her stomach by leg due to which blood started oozing from her private part. Further, informant’s husband broke her mobile phone and Vandana Anand started pressing her nose due to which she started gasping for breathe and somehow she saved her life and confined herself in a room bolting the door from inside. Further, the informant’s husband heavily struck the door due to which inside bolt was broken and assaulted her all over the night. On 30.01.2022, all petitioners called a cab and left her at Chatarpur Mandir in a pathetic condition.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. All allegations levelled in in the FIR are entirely false and concocted story, which was lodged after six months of alleged occurrence without offering any explanation for such inordinate delay. Real fact is that the informant started pressurizing her husband to live separately and asked her mother-in-law’s landed property to be transferred in her name. No offence under Sections 493, 307 & 376 is constituted in the given set of facts. Marriage was solemnized in Arya Samaj Temple due to spread of Covid-19 pandemic. It was informant’s 2nd marriage after divorce, and she voluntarily visited with Vishal Anand on Shadi. Com site and entered into marriage. The informant first time left Delhi during her pregnancy. Petitioner-Vishal Anand met his wife and daughter just after delivery at Bokaro very cordially. It is further submitted that petitioner brought his wife and daughter to Delhi on 14.01.2022 but the informant created an ugly seen by quarrelling with her mother-in-law to transfer the house in her name and separation with family. The informant also poured boiled oil on the hands of her mother and father-in-law and took all her jewellery along with jewellery of mother-in-law and went to the house of her maternal uncle at Delhi. In this regard FIR was lodged(Annexure-S/E of supplementary affidavit) against the informant wife at Paschim Vihar West police Station. A notice under Section 41(A) of Cr.PC was served to informant in the month of June, 2022 at Bokaro, then she obtained legal brain from advocates and lodged this FIR against her husband and all family members as a coun
Anticipatory bail can be granted when parties reach a compromise, with conditions ensuring dignity and cooperation in ongoing investigations.
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