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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
A.B.A. No. ………………………… of 2024
In the matter of:
An application under
Section 438 and 440 of the
Code of Criminal Procedure,
1973;
AND
In the matter of:-
Manuel Kisku, aged about 26 years, Son of
Timothi Kisku, resident of Village Samda
Kusamba, Thakurgangti, P.O. & P.S.-
Thakurgangti, District- Godda.
……
Petitioner
Versus
1.The State of Jharkhand;
2
2.Shanti Tudu, daughter of Bhokta Tudu, resident
of Village Aprol, P.O. & P.S.- Borio, District-
Sahibganj, presently residing at Kherwa, P.O.-
Mandro, P.S.- Mirzachowki, District- Sahibganj.
… Opposite Parties
To,
Hon’ble Mr. Justice Shree
Chandrashekhar, the Acting Chief
Justice of the High Court of
Jharkhand and his other companion
Judges of the said Hon’ble Court.
The humble application on
behalf of the above named
petitioner:
Most Respectfully Sheweth:
1. That in the instant anticipatory bail
application, the petitioner prays for
grant of anticipatory bail, as the
petitioner has got reasonable apprehension
3
of being arrested in connection with Borio
P.S. Case No. 131 of 2023 corresponding to
G.R. Case No. 13 of 2024 registered under
Sections 376, 493, 379, 436 and 34 of the
Indian Penal Code later on after
investigation police has submitted
chargesheet against the petitioner for the
offences registered u/s 498A/34 of Indian
Penal Code and 3/4 of Dowry Prohibition
Act, now pending in the Court of Sri S.K.
Verma, Learned Judicial Magistrate 1st
class at Sahibganj.
2. That the Petitioner has earlier not moved
before this Hon’ble Court for grant of
self-same relief or any other relief in
connection with this case, nor have the
petitioners filed any other criminal
application like anticipatory / regular
bail application, criminal writ petition,
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criminal revision or criminal
miscellaneous petition, etc. before this
Hon’ble Court in connection with this
case.
The cause of action has arisen within the
jurisdiction of the Hon’ble High Court of
Jharkhand at Ranchi.
3. That the prosecution case as stated by the
complainant Shanti Tudu, in brief is that
since the year 2019, she was working in
the Sister's Convent in District Godda.
There she came in contact with accused
No.1 Manuel Kisku. After winning her
confidence he lured her for marriage. He
took her to the house of his uncle and
kept her there from 24th December 2022 to
January 2023 and forcibly raped her
against her will on the pretext of
marriage. He had physical relations with
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her several times from the year 2022 to
8th March 2023 and later he took her to
his family house Kusumba. Where his
mother, accused no. 2 Monica Hansda and
accused no. 3 Surendra Kisku beaten her
and burnt her clothes, Aadhar card, PAN
card and other documents. They tried to
burn her also by pouring kerosene oil on
her. They snatched all her belongings
(ornaments and Mobile phone) and drove her
out from the house. She further alleged
that Rs. 2 lakhs was taken from her by
Manuel Kisku for purchasing lands. She
came back to her home at Aparol and
narrated the entire incident to her mother
Badki Hansda. After that, on 10.03.2023,
the accused persons came to village Aprol
with weapons and threatened her to kill.
Hence the present case was lodged.
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Certified copy of the
First Information Report
is being annexed herewith
and marked as Annexure-1
to this Application.
4. That the petitioner states and submits
that the petitioner is absolutely innocent
and had committed no offence as alleged in
the First Information Report.
5. That the petitioner states and submits
that he has been falsely implicated in the
present case.
6. That the petitioner states and submits
that the petitioner and informant were in
love with each other and both of them
decided to solemnize marriage.
7. That the petitioner states that thereafter
petitioner has solemnized marriage with
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the informant as per Santhal Customs in
the month of April 2023.
8. That the petitioner states and submits
that the informant remained at the house
of the petitioner till 28.08.2023 happily
but due to instigation of her family
members she has lodged this false and
fabricated case.
9. That the petitioner states and submits
that the real fact of the case is that the
informant started blackmailing the
petitioner and demanded money and when the
petitioner refused to fulfill the demand
of the informant, the present false case
has been lodged against the petitioner
and his family members.
10. That the petitioner states and submits
that even if the case of the informant to
be taken to be true, on perusal of the
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F.I.R. itself, it would be evident that
there was a consensual relationship in
between the petitioner and informant and
only on account of refusal of demands of
informant; the present case has been
lodged making all sorts of allegations. So
no case under Section 376 of Indian Penal
Code is made out against the petitioner.
11. That the petitioner states and submits
that the allegation of commission of rape
upon the complainant is palpably false.
12. That the petitioner states and submits
that even if the case of the informant to
be taken to be true, the informant alleges
that the petitioner continuously had
sexual relationship with the informant on
pretext of marriage. In fact, the victim
girl is aged about 23 years and she is a
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major lady and is competent enough to
understand the consequences of the act.
13. That the petitioner states and submits
that there is no evidence on record
regarding the assault or torture against
the informant.
14. That the petitioner states and submits
that the allegation of taking Rs. 2 Lakhs
on the pretext of purchasing land is also
false and there is no evidence on record
to support the prosecution.
15. That the petitioner states and submits
that the victim girl alleges that the
petitioner has raped earlier also but the
victim did not informed about the incident
earlier.
16. That the petitioner states and submits
that the informant has left the house of
the petitioner on her own will but the
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petitioner is still willing and ready to
take back informant as her wife and keep
her with full honour and dignity.
17. That the petitioner states that during
investigation police has found the case
arising out of matrimonial dispute and
police sent u/s 41(A) Cr.P.C. notice to
the petitioner for the offences u/s
498A/34 of Indian Penal Code and 3/4 of
Dowry Prohibition Act.
That is it pertinent to mention herein
that the petitioner has already complied
to the notice sent u/s 41(A) Cr.P.C.
18. That the petitioner states that after
investigation police has submitted
chargesheet against the petitioner for the
offences registered u/s 498A/34 of Indian
Penal Code and 3/4 of Dowry Prohibition
Act.
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Photocopy of Certified
copy of Chargesheet is
being annexed herewith and
marked as Annexure-2 to
this Application.
19. That the petitioner states that the
petitioner does not have any criminal
antecedent save and except the present
case.
20. That the petitioner states and submits
that the co-accused person namely Monika
Hansda was granted anticipatory bail in
A.B.P. No. 557 of 2023 by the learned Sri
Akhil Kumar, Sessions Judge, Sahibaganj
vide order dated 15.04.2024.
21. That the petitioner states and submits
that there is delay of more than 1 year in
lodging of F.I.R. or informant which is
after thought and with malafide intention
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only to torture the petitioner and his
family members.
22. That the petitioner states that entire
story as has been narrated by the
informant/victim in the written report is
manufactured and concocted one.
23. That the petitioner states that in any
view of the matter no case as alleged is
attracted against the petitioner and false
implication of the petitioner cannot be
ruled out.
24. That the petitioner states that the
petitioner will suffer gravely if he is
taken into custody and he will face
serious harassment and humiliation and
would cause him serious loss and
irreparable injury.
25. That the petitioner states that there is
no chance of absconding of petitioner
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and/or tampering with the evidence of the
prosecution and he will face the trial.
26. That the petitioner is ready and willing
to abide by any terms and conditions
imposed upon him by the Hon’ble Court for
grant of anticipatory bail.
27. That the petitioner states that petitioner
had moved before the Court of Sri Akhil
Kumar, Sessions Judge, Sahibaganj for
grant of anticipatory bail vide A.B.P. No.
557 of 2023 but the prayer for
anticipatory bail has been rejected by
order dated 15.04.2024 without considering
the aforesaid facts and circumstances of
the present case.
28. That this application is being made bona
fide and in the interest of justice.
It is, therefore, humbly
prayed that Your Lordship may
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graciously be pleased to order
for release of the petitioner
on anticipatory bail in
connection with Borio P.S.
Case No. 131 of 2023
corresponding to G.R. Case No.
13 of 2024, now the case is
pending in the court of Sri
S.K. Verma, Learned Judicial
Magistrate 1st class at
Sahibganj.
And / or
During pending hearing of this
anticipatory bail application,
Your Lordship may be pleased
to direct that the petitioner
may not be arrested.
And/Or
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Pass such other order or
orders as Your Lordship may
deem fit and proper in the
facts and circumstances of
this case;
And for this the Petitioner shall ever
pray.
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A F F I D A V I T
I, Timothi Kisku, son of Natwa
Kisku, resident of Samda, Bahadurchak,
Thakur Gangti, P.O. & P.S.- Thakurgangti,
District - Godda, do hereby solemnly
affirm and state as follows:-
1. That I am father as well as
pairvikar of the petitioner as such, I am
well acquainted with the facts &
circumstances of the case.
2. That the contents of this bail
application and affidavit have been read
over and explained to me in Hindi which I
have understood.
3. That the statements made in Para
Nos._____________________are true to my
knowledge, those made in Para
Nos.__________________are based upon
information derived from the records of
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the case and rest are by way of
submissions before this Hon’ble Court.
4. That the annexures are photo/true/
certified copies of their respective
originals.
5. That I do hereby verified, sworn
and signed on 06.05.2024 before this
Hon’ble Jharkhand High Court at Ranchi.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
A.B.A. No. ……………………………of 2024
Manuel Kisku … Petitioner
Versus
The State of Jharkhand & Another
… Opposite Parties
I N D E X
Sub.:-Anticipatory Bail
Sl. No. Particulars Page Nos.
1. Anticipatory bail 1-18
application along with
Affidavit and Aadhaar
Card of the Pairvikar
2. Annexure-1 Certified copy of the 19-32
F.I.R.
3. Annexure-2 Photocopy of Certified 33-37
copy of Chargesheet
4. Impugned order 38-41
5. Vakalatnama 42
