Dismissed

Abdul Basit v. the State of Jharkhand

Jharkhand HC19 Aug 2024B.A./6122/2024

Case brief

AI extract

What is this about?

Regular bail application under Sections 376(2)(n) and allied IPC provisions arising from allegations of physical relations established on false promises of marriage. The court considered the victim's psychiatric history and her continued conduct, and rejected the bail application.

What the court decided

AI extract

Abdul Basit Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6122 of 2024

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Abdul Basit aged about 25 years son of Md. Mansoor Alam resident of village Dighi, P.O. Dighi, P.S. Mahagama, District Godda.

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..... … Petitioner

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Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------
For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mr. Nishant Kumar, Advocate
For the State : Mr. Abhay Kumar Tiwari, A.P.P.
For the Informant : Mr. Nilesh Kumar, Advocate --------

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06/19.08.2024 Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Ranchi Mahila P.S. Case No.35 of 2024 registered under Sections 376(2)(n), 323, 341, 504, 506/34 of the Indian Penal Code pending in the court of learned Judicial Magistrate 1^st Class, Ranchi. 3. The F.I.R. of this case was lodged by the victim herself with these allegations that she made Abdul Basit for the first time on 1^st September, 2022 and thereafter both began to talk each other. After few days, Abdul Basit told her that he liked her and loved her and wanted to marry with her. On 17^th September, 2022 he called her to Shivani Hotel, Khadgada and having allured her for marriage established physical relation with her forcibly. Thereafter, he used to call her to the boys hostel where he also established physical relation with her forcibly. On 7^th November, 2022 both lived in a common paying guest just behind the RIMS for two weeks and thereto the physical relations established between them. Since 17^th December, 2022, the conduct of Abdul Basit began to change to her and on 22^nd December, 2022 he flatly refused to marry with her. Thereafter her mental condition deranged and she had cut her right hand whereby she became unconscious and when she regained consciousness she found herself in RIMS hospital. After that occurrence also on the pretext of marriage he continued to establish physical relation with her. In 2023 Abdul Basit came to her parents and also assured them for marriage and

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when her parents went to the parents of Abdul Basit they misbehaved and refused to marry. On 5^th December, 2023 also, he called her to Shivani Hotel, Khadgada and again on the pretext of marriage established physical relation with her. On 26^th January, 2024, Abdul Basit assaulted her on asking by her to marry with her and also criminally intimidated that if she further chased him, he would disfigure her face by throwing acid.

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As per allegations made in the F.I.R., the age of victim is shown 22 years on the date of lodging F.I.R. and the first occurrence took place on 17^th September, 2022. On that date too, the victim was major. The victim in her restatement reiterated the allegations made in the F.I.R. The statements of father of the victim Parwez Ahmad, mother of the victim Sabnam Bano were also recorded and they corroborated the prosecution story.

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Learned counsel for the informant—victim has raised this plea that even on the date of first occurrence when first time physical relation was established between the victim and the accused/petitioner, the victim was mentally deranged. To support this contention learned counsel for the informant has drawn attention of the Court to the counter affidavit filed on behalf of the informant, wherein it has been stated that the victim was mentally ill and she was admitted in Central Institute of Psychiatry, Kanke, Ranchi on 28^th June, 2022 and from there she was discharged on 6^th July, 2022. The discharge summary is made annexure of the counter affidavit. The victim has given an application for leave to the Director, RIMS, Ranchi which is also made part of the counter affidavit.

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Learned counsel for the informant has stressed that since the victim was mentally deranged and even if she had given her consent, her consent has no bearing being not free, as she was not able to give free consent due to mental illness.

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On perusal of the F.I.R., it is found that the petitioner has refused to marry with the victim on 22^nd December, 2022, thereafter, victim has cut her hand and she had become unconscious and was also admitted to the RIMS Hospital, Ranchi. It is further alleged in the F.I.R. that after this very incident, this petitioner continued to establish physical relation with the victim. Even on 5^th December, 2023, the victim was called to Shivani Hotel, Khadgada and on the pretext of marriage, the petitioner had established physical relation with her. This act of the victim also corroborates that she

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was not mentally fit because after refusal by the petitioner to marry with her, she further on the pretext of marriage being made by the petitioner continued to establish physical relation with him up to 5^th December, 2023. Herein the conduct of the petitioner also becomes relevant that after having refused by him to marry with her lastly on 22^nd December, 2022 he further continued to establish physical relation with the victim even up to 5^th December, 2023.

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The independent witness Arib Ali has also stated that in November, 2022 he came to know that the victim had attempted suicide and she was admitted in RIMS, Ranchi for treatment. Further he says that the victim had a psychiatric disorder for which she was undergoing treatment at CIP Ranchi.

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In view of the submissions made and materials on record, the bail application of the petitioner is, hereby, rejected.

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(Subhash Chand, J.)

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Rohit

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Abdul Basit v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Abdul Basit v. the State of Jharkhand

Case brief

What is this about?

What the court decided

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