Jharkhand High Court
Kamla Kumari vs The State Of Jharkhand ...... Opposite ... on 28 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3854 of 2022
Kamla Kumari ...... Petitioner
Versus
The State of Jharkhand ...... Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Deepak Sahu, Advocate For the State : Mr. Saket Kumar, A.P.P. .....
Order No.03/ Dated:28.07.2022 Heard learned counsel for the parties.
Apprehending her arrest in connection with Katras P.S. Case No. 71 of 2020 instituted under Sections 376, 354C, 506/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per allegation in the F.I.R. informant was acquainted with present petitioner Kamla Kumari and her husband, Rajeev Kumar since 2017. It is alleged that the when informant used to go outside, she usually stay at the house of Kamla Kumari at night. During that period her husband prepared an obscene video clip while she was bathing in the bathroom with the help of his wife(present petitioner). It is also alleged that Rajeev Kumar has also sexually exploited the informant within the knowledge of the present petitioner. Now both are threatening to make viral the video clip of the informant while she was bathing in naked position.
Learned counsel for the petitioner has submitted that petitioner is innocent and no offence under Section 376, 354C is applicable against her and there is no other allegation against the petitioner. Petitioner has been falsely implicated in this case under deep rooted conspiracy. True fact is that that on earlier a Katras P.S. Case No. 178 of 2019, dated 04.10.2019 was instituted by the petitioner for offences under Section 354, 376, 511, 506 read with Section 34 of the Indian Penal Code against Baghmara M.L.A. In that case informant of the present case namely Yasmin Khatoon was also a witness who subsequently joined with the accused of that case and hatched a conspiracy and lodged this false case against the petitioner and her husband. Petitioner is ready to co-operate in the investigation of the case and shall not indulge in any manner tampering with prosecution evidence. In case of her arrest at the hand of the police she will lose her impression in society, hence the petitioner may be extended the privilege of anticipatory bail.
On the other hand, learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submitted that there are serious allegation against the petitioner that she along with her husband were involved in serious and heinous offences registered under Section 376, 354C, 506 I.P.C. Petitioner has criminal antecedent also, hence the petitioner does not deserve anticipatory bail.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record and also in view of the particular role assigned against her, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of her arrest or surrendering, she will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhanbad in connection with Katras P.S. Case No. 71 of 2020 with the condition that she will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her 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.
(Pradeep Kumar Srivastava, J.) R.K