SUSHIL KUMAR BARNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Apprehending his arrest in connection with Mahila Thana P.S. Case No. 16 of 2021 instituted under Ss. 376, 417, 506 and 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

(3.) Briefly stated the contents of the FIR depicts that victim girl (informant) was contacted by the petitioner at Shadi. Com. Site on 18/8/2019 and pursuant to that they started talking each other over phone. Petitioner has disclosed his identity as worker in Merchant Navy. It is alleged that on 27/1/2020 the petitioner returned from his duty and came to Ranchi to meet the informant but initially she declined on ground of bad health condition, thereafter, the petitioner requested the mother of the informant who agreed on condition that victim girl will be accompanied by her friends which was objected by the petitioner saying that he will feel uncomfortable in their company. It is further alleged that on insistence of the petitioner, the victim girl alone accompanied him and stayed at a restaurant for 4-5 hours with four other friends of petitioner, who also consumed food and wine. It is further alleged that the informant along with petitioner returned to her home but her parent were not present, then petitioner persistently requested to establish physical relationship, which was flatly refused by the victim but the petitioner prevailed over the will of the victim girl saying that we are going to marry very soon, hence there must be no problem and established physical relationship against her will and consent on pretext of false promise of marriage. It is further alleged that the parents of informant were also invited to native home of the petitioner at Hirodih, District Giridih for negotiation of marriage, pursuant to that on demand of petitioner Rs.4.00 lakhs was given to him for purchase of flat in Mumbai. It is further alleged that the function of "Phal Daan" was organized on 5/3/2020 and 6/3/2020 in which the father of petitioner was given Rs.2.00 lakhs. It is further alleged that after few days petitioner visited passport office Ranchi and visited her home while she was alone in her home. The petitioner again in stubborn manner asked for physical favour which was again denied by the victim but the petitioner said that now the marriage has been fixed, so there must be no problem. Thus physical relationship was established. Thereafter, the lockdown was imposed due to spread of Covid-19, in the meantime, conduct and behaviour of petitioner and his family members abruptly changed towards the informant and her family. The petitioner went to his duty in the first week of July, 2020 and informed to the victim that he would return in the month of January, 2021 and they will solemnize court marriage. It is further alleged that gradually the petitioner snapped all relations with the victim and also changed his mobile phones so that no conversation may take place. The informant also came to know that the petitioner is going to see another girl for solemnization of marriage at Jaggarnath Madir at Ranchi then, the informant along her family members reached there for protest but petitioner managed to escape. It is alleged that petitioner has ruined her life by committing rape on her and fraudulently obtained huge amount of money in the shape of dowry and duped all family members due to which, she underwent to depression and finding no other option but to lodge this case.