My brother in law had bought a property dispute going on with someone. He won the case in lwer court & high court. The opposite party was threatening him to withdraw the case & settle for compromise failing which he threatened of dire consequences.
One fine day police came to his house in delhi with arrest warrant from a district court in Jharkhand. On enquiry we go to know that a female had filed a complaint case against him in CJMs court in Dumka Jharkhand.
She claimed that her father was working at the construction site of the accused's father & that accused father asked for domestic help for his son from the petitioner's father. Father of this female took him to the house of accused who said that they had already engaged someone & that he would need her services in Dumka where he said he'd be startin a new construction site.
she further claimed that after 15 days her parents took her to the hotel room of the accsed at 9:30 PM. She said that there were already two more persons were sitting with the accused but left the room when she entered the room. She further claimed that the accused asked her parents to go out & eat something & stopped her to serve him water. She further claimed that as soonas her parents left the room, accused bolted the room & attempted to rape her. She made lot of noise & on hearing the same her parents rushed to the room & she was saved. She claimed to that she got hurt on her forehead in the process.
She said that then they went to the police station where the two persons who were sitting in the accuse's room were already there & they threatend me to go away. She claimed that being afraid they returned to their native place in Bihar .
She further claimed that after 15 days she picked courage & filed a complaint case in the CJM court.
in the CJM court only her parents' witness was taken & no hotel staff or record was called for. On parents' statement CJM took cognisance to proceed against the accused u/s 354, 354A, 354B & 376/511.
In the meantime the person with whom my brother in law's property case was going on sent missive to him to go in for compromise in the property case or else he has lined up few more cases to implicate him in.
Meanwhile the anticipatory bail was rejected by the district court & now it has been denied by the high court also.
As for the facts, my brother inlaw had never heard of this place Dumka, leave aside visiting it.
Also neither my brother in law nor his father have anything to do with construction business. They are traders of rexine only which is clear from his tax records.
On the said date my brother in law had made a few inernet transactions at Delhi bearing IP address of his home computer. His phone being a prepaid no., we have been unable to get his call records but if the court calls for the records, it'll be clear from his tower locations that he has never visited Jharkhand state, leave aside Dumka.
We are in a perplexed state as tohis future . for past two months he has been underground, his work has suffered irreversible damage & his wife & children are in a very awkward state.
We were earlier advised to go in for quashing of case in high court but our advocate said that first we'll seek bail & then go in for quashing. Now that the bail has been denied, does this have any bearing on quashing application if applied in high court & what is the likelihood of getting anticipatory bail in the supreme court.
