Sanjay Kumar Dwivedi, J
1. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.
2. The petitioner is apprehending his arrest in connection with Dumka (Mahila) P.S. Case No.04 of 2023, for the offence registered under sections 376(2)(n)/509 of IPC, pending in the court of learned Judicial Magistrate, First Class, Dumka.
3. Learned counsel for the petitioner submits that the petitioner is employed in Jharkhand Armed Police Force and presently working as constable at Garu police station in Latehar district. He submits that the petitioner who got acquainted with the informant and came to know of her poor financial status from his friend, had financially supported her during her studies when she was in Ranchi. He submits that the informant of the present case has created fake facebook account in the name of the petitioner herein and posted very vulgar and abusive posts against him or his wife meanwhile tagging many of his friends in an attempt to coerce and mentally harass the petitioner. He submits that the petitioner is a married man and to buttress his argument he refers to Annexure-2 which is marriage certificate.
4. Learned State counsel opposed the prayer on the ground that section 376(2)(n) IPC is there in the FIR and in view of that, the prayer for anticipatory bail may kindly be rejected.
5. It appears from the contents of the FIR that the informant was in relationship with this petitioner for the last seven years and she is aged about 24 years. This petitioner has already been married as disclosed in Annexure-2 which is a marriage certificate and belatedly the FIR has been lodged and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Dumka, in connection with Dumka (Mahila) P.S. Case No.04 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
