Sachin Kumar Alias Sachin Kumar Shaw Vs State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 6950 of 2024

Sachin Kumar @ Sachin Kumar Shaw, aged about 30 years, S/o Sri Krishna Shaw, R/o 25 B.N.R. Nadi, Dhowra, Near Dak Bangla Kustore Alkusa, P.O. & P.S. Kustore, District Dhanbad. ...... Petitioner

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Versus The State of Jharkhand ….Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioner : Mr. Shailesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate For the State : Ms. Kumari Rashmi, APP For the Informant : Mr. Alok Lal, Advocate

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Order No.02 /Dated: 5^th September, 2024

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Heard learned counsel for the petitioner and the learned APP for the State. 2. This bail application has been filed on behalf of Sachin Kumar @ Sachin Kumar Shaw with a prayer to release on bail in connection with Jamtara P.S. Case No. 149 of 2023, registered under Sections 376, 312/34 of the I.P.C. and under Section 66 (E) and 67(A) of I.T. Act, pending before learned Additional Sessions Judge I, Jamtara.

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The FIR of this case was lodged by the informant-victim herself with these allegations that she was nurse in Sadar Hospital, Jamtara. Prior to her marriage, one boy, namely, Sachin Kumar @ Sachin Kumar Shaw used to love her and on the pretext of marriage he had been sexually exploiting her. Many times she became pregnant and her pregnancy was also terminated after administering her with some medications. In the meantime, that boy Sachin Kumar @ Sachin Kumar Shaw got job in CISF and after having got job in CISF he stated that he would marry with some other girl and would also get dowry. He made demand of 10 lakh rupees as dowry for getting married with the informantvictim. The same was refused by her family members and she was married to Kailash Mahto on 26th June, 2021. In the meantime, again Sachin Kumar @ Sachin Kumar Shaw had been calling her for last two years and threatening her to viral her obscene photographs on internet and also made demand of five lakh rupees and in failure, also threatened her to spoil her matrimonial life as she was married with Kailash Mahto. Hence, this FIR was lodged.

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On the day when this FIR was lodged, i.e., 16.01.2023, victim was 30 years old. As per allegations made in the FIR, she had love affairs with the petitioner and had been establishing physical relations consensually on the pretext of marriage. When the petitioner refused to marry, she got married to Kailash Mahto on 26th June 2021. Again the petitioner began to talk to her and also made demand of five lakh rupees and in failure, threatened to make her obscene photographs viral on internet. The informant-victim was a major one and subsequently also got married in the year 2021. Even prior to marriage and after marriage she was very much aware in regard to the consequence of establishing physical relations without getting married ceremonially. So far as the threatening made by petitioner of making her obscene photographs viral on internet after marriage is concerned, in view of Paragraph 117 of case diary there is payment of certain amount in account of the petitioner by the informantvictim. This whole of the amount is of the year 2015-2016 i.e., much before of her marriage. As alleged by the informant-victim in the FIR, after marriage there is no evidence in regard to making her video viral and no obscene photographs are made part of the case diary.

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In view of the above, the bail application of the petitioner/applicant is hereby allowed. Let the petitioner/applicant be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case.

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(Subhash Chand, J.)

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Vedanti/-

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Sachin Kumar Alias Sachin Kumar Shaw v. State of Jharkhand

Case brief

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Sachin Kumar Alias Sachin Kumar Shaw v. State of Jharkhand

Case brief

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