Puja Kumari @ Puja Giri @ Pooja Giri And Others vs State Of Jharkhand And Others

Gautam Kumar Choudhary, J

Instant criminal appeal has been filed against the order dated 03.05.2023 passed in A.B.P. No.546/2023 arising out of Namkum P.S. Case No.58/2023 registered under Sections 406, 417, 420, 376(2)(n) of the Indian Penal Code and Sections 3(1)(r)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 whereby the anticipatory bail of the above named appellants have been rejected.

The appellants are the sisters of principal accused Vicky Giri @ Anupam Giri. As per the F.I.R., on false promise of marriage, Vicky Giri sexually exploited the prosecutrix from 05.01.2020 to 25.02.2020, as a result she became pregnant and when she disclosed to him about this, he advised her to take medicine for abortion. It is also alleged that she was forcibly administered the medicine, as a result she suffered heavy bleeding and became unconscious. A total sum of Rs.13,58,581/- was defrauded by him taking into advantage the confidence and faith that the prosecutrix had reposed on the principal accused-Vicky Giri. It is alleged that principal accused and these appellants abused the informant by calling her caste name and threatened her with life.

It is submitted by the learned counsel on behalf of appellants that offence of rape or cheating is not attracted against these appellants. The allegation is confined to the incidence wherein it is stated that they had joined her brother to abuse her by calling her caste name. However, the date, time and place of the said incidence has not at all been disclosed in the F.I.R. There has been a delay of more than two years in lodging the F.I.R. since the time when the first incidence of rape is said to have been committed. It is not stated in the F.I.R. that the said incidence took place in public view and anyone witnessed the said incidence.

Learned A.P.P. assisted by learned counsel on behalf of informant submit that the appellants had used derogatory words against the informant as has been specifically stated in the F.I.R. Reliance is placed on Prathvi Raj Chauhan Versus Union of India & Others, (2020) 4 SCC 727, para 7. It is submitted by relying on the authority that in view of the direct allegation, anticipatory bail is not maintainable in view of bar under Section 18 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

The argument advanced on behalf of appellants is persuasive enough that the allegation of rape and cheating is not against these appellants as they happen to be the sisters of the principal accused. The date, time and place when the derogatory words were uttered is altogether absent in the F.I.R. It is not stated that it was made in public view.

The anticipatory bail application is allowed. Accordingly, the appellants, above named, are directed to surrender before the learned Trial Court within a period of two weeks and in the event of their arrest or surrender, they shall be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Under the circumstance, the impugned order is set aside and criminal appeal is allowed.