Sarwar Alam @ Sarwar Ansari vs The State Of Jharkhand
2021 Latest Caselaw 1759 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     A.B.A. No.1708 of 2021
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Sarwar Alam @ Sarwar Ansari .... .... .... Petitioner Versus The State of Jharkhand .... .... .... Opposite Party

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CORAM    : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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   For the Petitioner        : Mr. Nilesh Kr., Advocate
   For the State             : Mr. S. Roy, Addl.P.P
   For the Informant         : Mr. S. K. Upadhyay, Advocate
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   Order No.02 Dated- 09.04.2021
         Heard the parties through video conferencing.

Apprehending his arrest in connection with Ormanjhi P.S. Case No.113 of 2020 instituted under Sections 376, 313, 120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the informant and caused her miscarriage without her consent. It is submitted that the allegation against the petitioner is false. Learned counsel for the petitioner relies upon the judgment of Hon'ble Supreme Court of India in the case of Maheshwar Tigga Vs. State of Jharkhand reported in in (2020) 10 SCC 108 wherein the Hon'ble Supreme Court of India has referred to its own judgment in the case of Uday Vs. State of Karnataka reported in (2003) 4 SCC 46 para-25 of which reads as under:-

25. "...... It usually happens in such cases, when two young persons are madly in love, that they promise to each other several times that come what may, they will get married. As stated by the prosecutrix the appellant also made such a promise on more than one occasion. In such circumstances the promise loses all significance, particularly when they are overcome with emotions and passion and find themselves in situations and circumstances where they, in a weak moment, succumb to the temptation of having sexual relationship. This is what appears to have happened in this case as well, and the prosecutrix willingly consented to having sexual intercourse with the appellant with whom she was deeply in love, not because he promised to marry her, but because she also desired it. In these circumstances it would be very difficult to impute to the appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise. In any event, it was not possible for the appellant to know what was in the mind of the prosecutrix when she consented, because there were more reasons than one for her to consent."

And submits that no offence punishable under Section 376 of the Indian Penal Code is made out against the petitioner. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.2,00,000/- without prejudice to his defence in this case in favour of the informant. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant oppose 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 C.J.M., Ranchi within twelve weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing a demand draft of Rs.2,00,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with Ormanjhi P.S. Case No.113 of 2020 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 the 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 and on her proper identification, the court below shall handover the same to her forthwith.

(Anil Kumar Choudhary, J.) Animesh/