Jharkhand High Court
Apurva Chatterjee @ Purba ... vs The State Of Jharkhand on 19 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 357 of 2023
Apurva Chatterjee @ Purba Chatterjee. .... .... Appellant
Versus
The State of Jharkhand .... ....Respondent
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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellant : Mr. Binod Kumar, Advocate.
For the Respondent : Mrs.Snehlika Bhagat, A.P.P.
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Order No.04/dated 19.07.2023
Per Sujit Narayan Prasad, J:
The instant appeal preferred under Section 21(4) of the
National Investigation Agency Act, 2008 is directed against the
order dated 30.01.2023 passed by the learned Addl. Sessions
Judge-IV-cum-Special Judge POCSO, Gumla in A.B.P.No. 18 of
2022 whereby and whereunder the prayer for anticipatory bail
of the appellant, namely, Apurva Chatterjee @ Purba Chatterjee
in connection with Palkot P.S. Case No. 78 of 2022, registered
under Sections 363, 370,354 of the Indian Penal Code and
under Section 8 of POCSO Act, 2012 has been rejected.
2. It has been contended on behalf of the appellant that the
statement of the victim girl was recorded under Section 164 of
the Cr.P.C. wherein, she denied any conduct said to attract the
ingredient of Sections 363, 370, 354 of the Indian Penal Code
and under Section 8 of POCSO Act, 2012.
3. It has been contended by referring to the statement
recorded under Section 164 of Cr.P.C. which has been brought
on record by way of supplementary affidavit wherein the victim
girl has stated that she had been carried to the house of the
appellant by one Anita Devi for the purpose of doing routine
work in the house which is situated in the District of Ranchi.
She has also stated that she was being given the cloth but no
remuneration for the same was paid. It has also been stated
therein that the appellant has never assaulted, however, her
husband, namely, Shiv Shankar Chatterjee @ Shib Shankar
Chatterjee used to scold but has not beated.
4. Learned Counsel appearing for the appellant has further
submitted that the husband of the appellant, namely, Shiv
Shankar Chatterjee @ Shib Shankar Chatterjee has been
granted the benefit of anticipatory bail vide order dated
13.06.2023 passed in A.B.A.No.1734 of 2023 against whom, as
per the F.I.R., the nature of allegation is serious, since, it has
been alleged in the F.I.R. against him that he has tried to molest
the modesty of the victim girl.
5. Learned Counsel appearing for the appellant in the
aforesaid premise has submitted that from the face of the F.I.R.
if the statements recorded by the victim under Section 164
Cr.P.C. will be taken together, the appellant deserves to be
extended with the benefit of bail in anticipation of arrest.
6. While on the other hand, Mrs. Snehlika Bhagat, learned
Addl. Public Prosecutor has submitted by referring to the
allegation levelled in the F.I.R. wherein the nature of allegation
is serious.
7. It has been submitted that since the victim girl was aged
about 17 years and as such even if there is any consent that
has got no bearing.
8. Learned Addl. Public Prosecutor on the basis of the
aforesaid premise has submitted that the impugned order needs
no interference and as such the instant appeal may be
dismissed.
9. We have heard the learned Counsel for the parties,
perused the findings recorded by the learned trial court in the
impugned judgment as also the statement recorded under
Section 164 of Cr.P.C. as appended to the supplementary
affidavit.
10. It is evident from the allegation made in the F.I.R. and
taking together with the statement recorded under Section 164
of Cr.P.C. is complete contradiction in both the statements.
However, in the F.I.R. the allegation is there but in the
statement recorded under Section 164 Cr.P.C. such allegation
has been denied.
11. The husband, namely, Shiv Shankar Chatterjee @ Shib
Shankar Chatterjee has been extended with the benefit of
anticipatory bail, if the allegation levelled in the F.I.R. will be
treated to be accepted, then the nature of allegation upon the
husband is serious, since, it has been alleged that the husband,
namely, Shiv Shankar Chatterjee @ Shib Shankar Chatterjee
had got hold of the hand of the victim.
12. This Court, therefore, is of the view that since the co-
accused, namely, Shiv Shankar Chatterjee @ Shib Shankar
Chatterjee has been extended with the benefit of the
anticipatory bail, therefore, there is no reason to take different
view with respect to the case of the appellant. As such the order
impugned needs to be interfered with. Accordingly, the order
dated 30.01.2023 passed by the Addl. Sessions Judge-IV-cum
Special Judge, POCSO, Gumla in A.B.P.No.18 of 2022 is hereby
quashed and set aside.
13. In view thereof, the instant appeal is allowed.
14. In consequence thereof, the appellant, namely, Apurva
Chatterjee @ Purba Chatterjee is directed to surrender before
the court-below within a period of four weeks and on her such
surrender the learned court below shall release her on bail, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the Addl. Sessions Judge-IV-cum-Special judge, POCSO,
Gumla in connection with Palkot P.S. Case No. 78 of 2022
subject to the conditions as laid down under Section 438 (2) of
the Code of Criminal Procedure.
15. In view thereof, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
P.K.S.
