VIBHOR SINGHANIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court for quashment of his entire criminal proceedings including the First Information Report arising out of Manila P.S. Case No. 22 of 2010 corresponding to G.R. No. 5500 of 2010 for the alleged offence under Sections 376/313/504/ 420 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Ranchi.

(2.) The petitioner had earlier moved for his anticipatory bail before this Court in ABA No. 568 of 2011 which was rejected.

(3.) The criminal law was set in motion on the written report of the informant Neelam Jain wherein she narrated that she belonged to Ranchi.She came in contact with the petitioner Vibhor Singhania at the instance of his father Kailash Singhania whose office was situated adjacent to her home and as such they were having acquaintance to each other. Kailash Singhania had disclosed that his son Vibhor Singhania was also reading in her class and if she wanted to take his help, then she may secure in his office and in that manner she was permitted to contact the petitioner in his father's office. She further narrated that her contact with the petitioner converted into deep friendship and both started and continued joint studies in the office of Kailash Singhania. In the night of 9-11-2005 the petitioner Vibhor Singhania called her in the office of his father where there was none at the time then he forcibly exploited her sexually to which she strongly protested but of no avail and after commission of such act she was threatened by the petitioner not to convey the matter to anybody and assured that he would marry her. It was alleged that she was taken by him to Durgabari situated by the side of "Firayalal" where he put vermilion on her "MAANG" and a pendant bearing "OHM" in black thread as a token of "MANGALSUTRA" put in her neck and impressed that she was now his wife and he would accept her as his wife in the society and thereafter he continued exploiting her sexually for long time by putting impression that she was legally married to him, as a result of which, she conceived, She was taken to the Clinic of Dr. Poonam situated at H.B. Road by the petitioner where the doctor refused to terminate her pregnancy as it could cause fatal to her and at last, her pregnancy was terminated by Dr. Kumkum in her clinic situated at Bariyatu and D.N.C was also performed, as a result of which she suffered mental agony and physical pain. She then cautioned the petitioner that she would go and inform to the members of her family about the incident but she was again persuaded that he would take her to his own home with the consultation of the members of his family but after sometime he stopped talking to her and even meeting of her. Then she went to the father of the petitioner and conveyed the entire occurrence to which he became furious and threatened her not to convey the matter to any body lest she would face the consequence. Finally she alleged that the petitioner and his father were threatening to eliminate her and thus in the manner narrated above her life was ruined by the petitioner, she alleged.