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2023 DIGILAW 945 (JHR)

Murum Tiu v. State of Jharkhand

2023-07-31

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending his arrest in connection with Chaibasa (Muffasil) P.S. Case No. 137 of 2022 instituted under Sections 376, 420 and 120-B of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail. 3. The FIR was raised upon the complaint petition lodged by the victim-informant and the FIR was lodged on 12.09.2022 with allegation that petitioner taking advantage of friendship with the victim lady brought her to his own house on promise of marriage with her. Thereafter, petitioner established physical relationship and went to Jammu & Kashmir for joining his duty in military. It is further alleged that the informant and petitioner were talking on mobile phone with each other and on 27.03.2020, the petitioner returned to his house and again established physical relationship on false assurance of marriage. It is further alleged that when the informant insisted for marriage, then the petitioner drove away the informant and threatened to kill her. It is further alleged that the informant went to village Munda for consideration of the matter but no action was taken then she wrote a letter to S.P., West Singhbhum, Chaibasa but again no action was taken. After leaving no option, the FIR was lodged. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner has solemnized marriage with the informant with rituals of tribal customs but she left the house of petitioner due to his previous marriage with another lady namely Gurubari Tiu. It is further submitted that the matter was settled before the village Munda in presence of the informant and first wife and their family members. On 26.07.2019, the informant left the matrimonial home and was not willing to join the petitioner. This false case has been lodged with a view to harass the petitioner. Petitioner is co-operating with the investigation of the case in compliance of the notice under Section 41(A) of Cr.P.C. and he has no criminal antecedents and he works in Indian Military. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail. 5. Petitioner is co-operating with the investigation of the case in compliance of the notice under Section 41(A) of Cr.P.C. and he has no criminal antecedents and he works in Indian Military. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail. 5. Learned Addl.P.P appearing for the State assisted by learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner and submits that there is specific and direct allegation against the petitioner of establishing sexual intercourse with the informant on false pretext of marriage and he also kept the informant in his house as spouse for nine months. It is further submitted that the petitioner has solemnized second marriage with the informant by concealing the fact about first marriage with one Gurubari Tiu and he has duped the informant and also established sexual intercourse. Hence, petitioner may not be extended privilege of anticipatory bail. 6. Considering factual aspects of this case as discussed above, the core dispute is alleged to be non-disclosure of previous marriage of petitioner and the matter was also referred before panchyati within the knowledge of the informant and her family members and the informant also signed over the settlement paper and also in view of materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, West Singhbhum, Chaibasa in connection with Chaibasa (Muffasil) P.S. Case No. 137 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.