IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B. A. No. 2795 of 2016

Dr. Rajendra Kumar Thakur …… Petitioner

Versus
The State of Jharkhand …… Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Anil Kumar, Sr. Advocate
Mr. Ashutosh Kr. Singh, Advocate
Mr. Ashok Kumar, Advocate
For the State : A.P.P.
For the Informant : Mr. Santosh Kr. Soni, Advocate
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07/Dated: 29/11/2016
Heard learned counsel for the petitioner and learned counsel for the
State as well as learned counsel for the informant.
The petitioner is apprehending his arrest in connection with Lower
Bazar P.S. Case No. 300 of 2015, corresponding to G.R. No.5403 of 2015
for the offence registered under sections 376/120B of the Indian Penal
Code.
The prosecution case is that the instant case has been instituted on
the basis of written complaint of the prosecutrix-A who stated therein that
she was working with the petitioner for last two years and during this
period the behaviour of the petitioner was proper for some days and after
that he started blackmailing her and he prepared a nude video of the
prosecutrix while she was changing her dress. She also stated that if she
does not act as directed by the petitioner then the said video will be
posted on the internet. As such she did not disclose the matter to anyone
due to fear and the petitioner used to establish physical relation with her.
She further stated that she was taken to Bodh Gaya on 15 th February and
Patna on 15th March and again Bodh Gaya on 15 th April and the petitioner
forcibly established physical relation with her. She further stated that
when her parents were going to Kullu Manali in March 2015 then her
parents were taking her but due to threat of the petitioner she did not go
with her parents and the petitioner from 15th March, 2015 to 24th March,
2015 he came to her house and established physical relation with her.
Learned counsel for the petitioner has submitted that when the
petitioner came to know about the institution of the present case then on
12.09.2015 he made an application before the Officer Incharge stating
therein that the informant was terminated from Dristi Netralaya on
06.07.2015 where she was working as Optometric and she was insisting
for the service in the said Hospital. She has sent several message and the
petitioner has been falsely implicated. It is further submitted that a
representation was made before the Senior Superintendent of Police,
Ranchi by the wife of the petitioner, copy has been annexed as annexure-2
to this application. It is further submitted that the alleged mobile along
with SIM card was verified, the matter would have been crystal clear that
no such video recording has been made by the petitioner. It is further
submitted that statement of the prosecutrix has been recorded under
section 164 Cr.P.C on 13.10.2015 wherein she has narrated the different
story and from perusal of the said statement, it will appear that the same
is absolutely manufactured and even if it is accepted to be true then it was
well with her about the consent. It is further submitted that the informant
was introduced with the petitioner since December, 2012 and
subsequently, she left the VASAN EYE CARE in June, 2013 and joined with
the petitioner in July, 2013. It appears that because of the consent of the
informant itself she left the service of VASAN EYE CARE and joined to P.
Narayan Netralaya and subsequent to DRISTI Netralaya where the
petitioner is working and this itself signifies that all action was taken with
her consent, so no case under section 376 I.P.C is made out against the
petitioner. Learned counsel for the petitioner has submitted that wife of
the petitioner has filed an application before the S.S.P. Ranchi for making
proper enquiry in a false case lodged by Ankita Chakraberty against her
husband for blackmailing and extortion and stated that her husband was
working in “Dristi Netralaya” Hospital, Kathal More, Ranchi as Eye
Specialist and in the said hospital Ankita Chakraborty, the complainant
was also working as Optometrist but she was terminated from her service
the management on 06.07.2015 due to her ill behavior. So, the petitioner,
deserves anticipatory bail.
Learned A.P.P has appeared and has filed the counter affidavit and
also produce the case diary. Learned A.P.P referring to para 3 (Re), 4, 5, 9,
34 (164 Cr.P.C by victim) and para 50 of the case diary has submitted that
witnesses have also fully supported the case of prosecution. Learned A.P.P
referring to para 178 of 2nd case diary in which statement of one Sanjeev
Kumar Singh has been recorded has submitted that this witness has
supported the case, so petitioner does not deserve anticipatory bail.
Learned counsel for the informant has appeared and opposes the
prayer for anticipatory bail and has submitted that the informant in her
statement under section 164 Cr.P.C has supported the case, so considering
the nature of offence, the petitioner does not deserve anticipatory bail.
Taking all these facts, I am inclined to grant anticipatory bail to the
petitioner. Accordingly, the above named petitioner is directed to
surrender in the Court below within four weeks from the date of this order
and in the event of his arrest or surrender the Court below shall enlarge
the above named petitioner on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each to the
 satisfaction of Sri M.K. Sharma, learned Judicial Magistrate, Ranchi, in
connection with Lower Bazar P.S. Case No. 300 of 2015, corresponding to
G.R. No.5403 of 2015, subject to the conditions as laid down under Section
438(2) of the Cr.P.C and also subject to the condition that the petitioner
shall deposit rupees two lacs before the court below on the date of his
surrender. Thereafter, the court below shall issue notice to the informant
and after her appearance, the court below shall release the aforesaid
amount in her favour after making proper verification. Deposition of
aforesaid amount will not affect the case of petitioner during trial.

(Anant Bijay Singh, J.)

Satyarthi/