Jharkhand High Court
Raj Kumar Singh S/O Babban Singh vs The State Of Jharkhand ... ... Opposite ... on 24 April, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:12144
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. NO. 5085 OF 2024
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Raj Kumar Singh S/o Babban Singh, R/o Kailash Nagar, Chas, PO PS Chas,
Dist- Bokaro, Jharkhand- 828403.
... ... Petitioner
Versus
The State Of Jharkhand ... ... Opposite Party
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner: Mr. Rishikesh Giri, Advocate
For the Opp. Party: Mr. Shashi Kumar Verma, A.P.P.
Mr. Kukesh Kumar Sinha, Advocate
Mr. Ankit Apurva, Advocate
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06/24.04.2025 Heard the learned counsel for the petitioner and the learned
counsel appearing for the State.
2. Through this anticipatory bail application, the petitioner,
apprehending his arrest in connection with Chutia Police Station Case No.204
of 2022, for allegedly committing offences under Sections 376(1), 342 and 34
of the Indian Penal Code, pending in the Court of the Judicial Magistrate First
Class, Ranchi, prays for grant of anticipatory bail.
3. It has been alleged by the informant that while she was returning
home from her job (RIMS, Ranchi), she had an encounter with the petitioner
and one another, who forcibly took her on their motorbike and threatened to kill
her if she raised an alarm. It has been further alleged that the informant was
taken to Baibhaw Hotel, Railway Station in Room No. 302 and the petitioner
forcibly committed rape upon her.
4. Learned counsel for the petitioner submits that the informant and
the petitioner had been in relationship since 2018. The informant had a
consensual physical relationship with the petitioner since long. Counsel has
also produced photographs of the informant with the petitioner that suggests
about their relationship. Learned counsel further submits that the informant
had earlier also lodged Balidih Police Station Case No.135 of 2022 against the
petitioner alleging offences under Sections 341, 323, 354(B), 504 and 506 of
the Indian Penal Code, wherein the petitioner has been acquitted by judgment
dated 04.02.2025 by the Sub Divisional Judicial Magistrate, Bokaro on the
ground of no evidence. Learned counsel for the petitioner further submits that
the present First Information Report had been lodged after a delay of 4 days
2025:JHHC:12144
and the cctv camera of the hotel clearly shows that the informant and the
petitioner left together in the morning.
5. Learned counsel for the State opposes the prayer for grant of
anticipatory bail of the petitioner. He submits that the witnesses examined by
the police in course of investigation have fully supported the prosecution case.
He submits that the Hotel Room No.302 was booked in the name of the
petitioner and his wife. That from the reading of the medical examination
report, the doctor stated that sexual assault could not be ruled out.
6. Considering the nature of allegations and the fact that both the
petitioner as also the victim are major and they were in relationship since
2018, and she did not raise any alarm when she was taken to the hotel, I am
inclined to grant anticipatory bail to the petitioner. The petitioner, named
above, is directed to surrender before the Court below within four weeks from
today and in the event of his surrender and/or arrest, he shall be released on
bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned Judicial
Magistrate First Class, Ranchi in connection with Chutia Police Station Case
No.204 of 2022, subject to the condition that one of the bailers should be a
close relative of the petitioner and other should be a resident of State of
Jharkhand, having sufficient landed property in his own name or in the name of
his ancestors in which he is having share and to that effect, he has to file an
affidavit before the Trial Court indicating his share in the property.
7. This anticipatory bail application is, accordingly, allowed.
(Ananda Sen, J.)
Kumar/Cp-03
