Anu Kumar @ Anu Singh vs The State of Jharkhand

Prashant Kumar, J.—Anticipatory bail application filed by Petitioner Anu Kumar @ Anu Singh in connection with Gumla P.S. Case No. 165 of 2010 (G.R. No. 481 of 2010) pending in the Court of Chief Judicial Magistrate, Gumla is moved by Sri. Mohit Prakash and opposed by Sri Amitabh, learned Additional P.P.

It is submitted by Sri Prakash that father of Petitioner runs an NGO for rescue and rehabilitation of girls who were illegally lifted and taken to Delhi. It is submitted that informant is also one of the lifters against whom the case is going on and because of that present case has been filed against the Petitioner and his father. It is submitted that one Shashi Bhushan Sahu @ Pinku has been granted anticipatory bail by this Court and the case of Petitioner is similar to him, hence he may be enlarged on anticipatory bail.

Sri Amitabh, learned Additional P.P. submits that the victim girl has given her statement u/s 164 of the Code of Criminal Procedure in which she categorically stated that the present Petitioner administered some medicine to her and because of that she became unconscious and thereafter he took her to Delhi. She also alleged that at Delhi, Petitioner committed rape upon her.

Considering the statement of the victim girl made u/s 164 of the Code of Criminal Procedure, I find that the case of Petitioner is different from co-accused Pinku because there is no allegation against him that he administered medicine and has committed rape upon the victim.

Keeping in view the aforesaid facts and circumstances, I am not inclined to enlarge the Petitioner on anticipatory bail. Hence, the prayer for anticipatory bail of the Petitioner, above named, is rejected.