The High Court allowed an appeal against the rejection of anticipatory bail. It directed the appellant to surrender and ordered the lower court to grant bail, observing that a broken promise of marriage is not a crime.
Appellant allowed; directed to surrender; lower court to grant bail on Rs. 10,000 bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 74 of 2022
....
Mohit Yadav @ Mohit .… Appellant
Versus
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. Suraj Kumar, Adv. For the State : Mr. Someshwar Roy, APP For the Res. No.2 : Mr. Vikash Kumar, Adv.
05/14.07.2022 The present appeal has been filed under Section 14(A) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
Heard learned counsel for the appellant and learned counsel for the State
as well as learned counsel for the victim.
This criminal appeal has been filed against the order dated 24.07.2021 passed by the learned Addl. Sessions Judge-VI-cum-Special Judge SC/ST, Dhanbad in A.B.P. No.1287 of 2021 in connection with Dhanbad SC/ST P.S. Case No.01 of 2021, corresponding to SC/ST Case No.12 of 2021, registered for the offence under Sections 376/ 504 and 506 of the Indian Penal Code and Sections 3(xi)(xii) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellant has been rejected.
From perusal of record, it appears that this appellant aged about 18 years at the time of incident has fall in love with 26 years old lady over facebook. Subsequently, he has travelled from Rajasthan to Jharkhand and has stayed with her as husband and wife in the presence of her family members. Subsequently, again he has visited with his maternal uncle to show the girl and in that visit, he has stayed for three days. They have established relationship in presence of the family members.
It has been submitted by learned counsel for the appellant that the appellant is a young boy and fallen in love. They have established relationship but marriage could not be solemnized due to non agreement of the family members. It has been further submitted that every failed promise of marriage is not a crime. On above basis prayer for anticipatory bail has been made in spite of bar of Section 18 of the SC/ST (PoA) Act.
On the other hand, learned counsel for the victim has opposed the prayer and submitted that promise of marriage has been broken and as such the offence of rape is made out. Further she has been abused.
Having heard learned counsel for the parties and from perusal of record, it appears that the girl was more mature. The relationship was established in the house
of the girl in the presence of her family members. The maternal uncle of this appellant has also visited the house of the girl for the purpose of marriage but ultimately marriage could not be solemnized.
In view of this peculiar situation, appellant, named above is directed to surrender in the court below, within four weeks from the date of receipt/production of this order, and in the event of his arrest or surrender, the court below shall enlarge him on bail, on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Addl. Sessions Judge-VI-cum-Special Judge SC/ST, Dhanbad in connection with Dhanbad SC/ST P.S. Case No.01 of 2021, corresponding to SC/ST Case No.12 of 2021, on the conditions as laid down under Section 438 (2) Cr.P.C.
Accordingly, the instant appeal is, hereby, allowed.
(Rajesh Kumar, J.)
Shahid/
2 issues framed by the court
Whether the rejection of anticipatory bail under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was sustainable in a case involving a broken promise of marri
Whether the criminal complaint alleged rape under Section 376 IPC for breaking a promise of marriage.
7 provisions across 3 enactments
Mohit Yadav
The State of Jharkhand
Anamika Kumari
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
