SATYAJEET SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Apprehending his arrest in connection with Mahila P.S. Case No.20 of 2018 corresponding to G.R. No.3048 of 2018 instituted under Sections 313/376 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

(2.) Heard the parties.

(3.) Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was having consensual physical relationship with the opposite party No.2-informant. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court page-25 of the brief, learned senior counsel appearing for the petitioner submits that in the said complaint, the victim has identified herself to be the wife of the petitioner and she has also stated that her marriage was solemnized with the petitioner on 17th October, 2018 in Sai Mandir and since then she and the petitioner have been residing as husband and wife. Learned senior counsel appearing for the petitioner drawing attention of this Court towards page-26-31 of the brief, which is the copy of the statement of the victim recorded under Section 164 Cr.P.C., that therein she has admitted that she is a major lady her age being 25 years. It is then submitted that the victim in her statement recorded under Section 164 Cr.P.C. has also stated that the petitioner put vermillion on her head and they used to reside as husband and wife for considerable period of time during which she also conceived. It is further submitted that since the informant admits that she is the wife of the petitioner hence, no offence of rape is made out and so far as offence punishable under Section 313 of the Indian Penal Code is concerned, it is submitted by the learned senior counsel that there is absolutely no document in the record in support of the same and the said bald allegations has been made because of alleged disharmony between the petitioner and the victim. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.2,00,000/- without prejudice to his defence in this case in favour of the prosecutrix/informant of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.