Dismissed

Rohit Kumar Sahu v. the State of Jharkhand

Jharkhand HC13 Jul 2023A.B.A./603/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand rejected the petitioner's application for anticipatory bail in a rape case. The Court found direct allegations of serious offences and noted that the petitioner was not cooperating with the investigation and was absconding, thus denying bail.

What did the court decide?

Prayer for anticipatory bail rejected; Petitioner directed to surrender before the court below.

Rohit Kumar Sahu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 603 of 2023

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Rohit Kumar Sahu …… Petitioner Versus The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Arun Kumar, Advocate. For the State : Mr. Sushma Aind, APP For the Informant : Mr. Rabindra Nath Chourasia, Advocate

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Order No.05/ Dated:13.07.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Latehar P.S. Case No. 255 of 2022 instituted under Sections 323, 324, 341 and 376 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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As per F.I.R, allegation is that petitioner had committed rape with the informant/victim lady several times after her divorce and used to say that he used marry her. When she asked him about marriage, then he threatened her to make her photographs viral on social media.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that informant is wife of cousin brother of the petitioner and she used to take money from the petitioner and once he declined to give money then in order to pressurize him this false case has been instituted. Informant also pressurized the petitioner to solemnize marriage with her. Petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State assisted by the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner and submitted that there is direct allegation against the petitioner of serious offence, relationship is also admitted by the petitioner as the informant is his cousin brother’s wife. Process under Section 82 Cr.P.C. has also been instituted against the petitioner and he is not co-operating in the investigation and absconding, hence, petitioner does not deserve anticipatory bail.

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It appears that there is direct allegation against the petitioner about the commission of rape upon the victim lady after her divorce and threatened to make her photographs viral on social media and also use of physical force and violence against her. Process under Section 82 Cr.p.c. has also been published upon the petitioner.

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In such circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, which stands rejected.

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Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Rohit Kumar Sahu v. the State of Jharkhand

Case brief

What is this about?

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Rohit Kumar Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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