YUMNAM SURJIT KUMAR SINGH Vs. OFFICER-IN-CHARGE, WOMEN POLICE STATION, IMPHAL WEST

JUDGEMENT

(1.) These petitions have been filed by the petitioners under Sec. 438 Cr.P.C. seeking to grant anticipatory bail in the event of their arrest in connection with FIR No.44(8)2022 under Ss. 366/376/417/120-B/34 IPC on the file of the Women Police Station, Imphal West. Since the parties and the points for determination in all four Anticipatory Bail Petitions are one and same arising out of same FIR, they are taken up together and disposed of by this Common Order.

(2.) The case of the prosecution is that on 16/8/2022 at 5.00 P.M., the victim lodged a complaint before the first respondent police station that on 14/8/2022 at around 1.00 P.M., her Institute Teachers Sonia Yambem (petitioner in AB No.41 of 2022); Kunjarani (petitioner in AB No.42 of 2022) came to her resident located at KakwaLamdaibung near Sangai Tuition Centre, picked up for going picnic at Andro Park. On reaching the Andropark, she found Surjitkumar (petitioner in AB No.40 of 2022) and Wajid (petitioner in AB No.43 of 2022) and some other staff and colleagues of her Institute namely Saina Institute of Medical Sciences 9SIMS), Porompat. There, they had lunch and move out from Andro at 5.00 P.M. by car with Sonia and Kunjarani driver by Wajid. On the way returning from Andro to her residence, after drinking the cold drink (sprite) inside the car and under intoxication, Sonia, Kunjarani and Wajid brought her to an unknown place. She felt drowsy and semi-conscious when her teachers dropped her till the bed by holding her side by side at the unknown place. At around 9.30 P.M., when she regained her conscious, she was on the bed and the petitioner in AB No.40 of 2022 was sitting beside her. Meanwhile, she asked him about her teachers, but he stated that they are eloped and teachers left. Despite her opposition, the victim was forcibly raped by the petitioner in AB No.40 of 2022 twice by locking the door without her consent, which she could not be able to be struggled due to intoxication and it was around 10.00 P.M. Next day, the victim learnt that the house belongs to teacher Wajid located at Sekmaijing. When the family of Surjitkumar arrived, she told them that he forcibly eloped and raped her against her consent, but they have not listen her words. She disclosed whatever they did to her parents when she returned home. On receipt of the complaint the WPS, Imphal West registered a case in FIR No.44(08)2022 under Ss. 366/376/417/120-B/34 IPC against the accused and took up the matter for investigation and searching the accused.

(3.) The case of the petitioners is that the petitioner in AB No.40 of 2022 [Surjitkumar] came to know the victim from her facebook account and they have love affairs for the last about 5 years. On 14/8/2022, the petitioner in Surjitkumar and the victim participated in a picnic programme at Andro village and after the picnic party, they decided to elope for love marriage. Accordingly, they eloped on the same day and stayed the night at Mayang Imphal. On the following day, they came back to the house of the petitioner Surjitkumar and in the morning some elder male members of his family, including his father visited the residence of the victim for "Haidokpa Ceremony" and they returned home without having any objection from the victim's family. Thereafter, on 15/8/2022 at 5.00 P.M., the victim was escorted by elder female members of petitioner Surjitkumar to her residence. However, to the surprise and their dismay, one lady said to be the elder sister of the victim came out suddenly and started beating the victim by holding the hair. At that time, there was a scuffle between the parties and later on 16/8/2022, the victim was forced to lodge a complaint to the police against the petitioners herein. Thus, according to the petitioners, there is possibility of the petitioners being arrested by the police in connection with the FIR 44(8)2022, which was lodged afterthought and duress. Hence, the petitioners seek anticipatory bail in connection with the aforesaid FIR.