The court granted bail to the petitioner accused of gang rape under IPC Sections 366-A and 376/34, directing release on a bond with two sureties, noting one victim turned hostile and the other failed to identify him.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 8561 of 2014 Marianus Minj ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioner : Mr. Md. Zafar Alam, Advocate For the State : A.P.P. --------
11/ 13.07.2015 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.
The petitioner has been made accused for the offences under Sections 366-A, 376 / 34 of the Indian Penal Code, in connection with Gumla P.S. Case No. 6 of 2013 corresponding to G.R. No. 10 of 2013, S.T. No. 249 of 2013.
From the FIR, it appears that there is allegation against the petitioner and other co-accused persons to have committed gang rape upon the informant and one another girl.
It is submitted by learned counsel for the petitioner that both the victims have been examined in the Court below, in which, one of the victim has turned hostile and has stated that no offence was committed with her, whereas, the other victim has not identified the petitioner in the Court.
The depositions of both the victim have been brought on record.
In the facts of this case, I am inclined to enlarge the petitioner, Marianus Minj, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-I, Gumla, in connection with S.T. No. 249 of 2013, arising out of Gumla P.S. Case No. 6 of 2013 corresponding to G.R. No. 10 of 2013.
( H. C. Mishra, J.)
R.Kr.
1 issue framed by the court
Whether the petitioner accused under Sections 366-A, 376/34 IPC should be granted bail despite hostile testimony by one victim and failure to identify the petitioner by the other.
Marianus Minj
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
