Jharkhand High Court
Nitish Kumar Giri @ Nitish Giri vs The State Of Jharkhand .... .... .... ... on 14 June, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3206 of 2022
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Nitish Kumar Giri @ Nitish Giri .... .... .... Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Hemant Kumar Shikarwar, Advocate Ms. Shaurya, Advocate For the State : Mr. Veervijay Pradhan, A.P.P. Oral Order 02/ Dated : 14.06.2022 The anticipatory bail application filed on behalf of petitioner- Nitish Kumar Giri @ Nitish Giri, who is apprehending his arrest in connection with Katkamsandi P.S. Case No.167 of 2020 for the offence registered under Sections 302, 376, 34 of the I.P.C. pending in the Court of Ms. Shikha Rani Tigga, learned Judicial Magistrate, 1st Class, Hazaribag is pressed into motion.
It is submitted by the learned counsel for the petitioner that there is no evidence of rape and as per post-mortem report, death was caused due to Asphyxia by drowning, therefore, the offence under Sections 302 and 376 of the I.P.C. is not made out. This petitioner has been made accused only on suspicion.
Learned A.P.P. has opposed the prayer for bail and submitted that there is direct allegation that 5-6 month before the incident, the petitioner and other named accused persons were stalking and making improper sexual advances against the deceased and had also taken some private photographs and circulated it on Facebook and Whatsapp. In this regard, a Panchayti was held in the village as stated in para 39 of the case diary. Due to all this, the deceased was undergoing serious mental trauma and they were trying to blackmail the deceased on the basis of those photographs. The matter is still under investigation.
Under the aforesaid facts and circumstance, I do not find this case fit to grant anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner, is hereby, rejected.
(Gautam Kumar Choudhary, J.) Anit