Single judge bail order granting release of petitioner accused under IPC 366A, 376(2)(n), and 417 on furnishing bond with sureties, noting claim of victim consent but rejecting opposition.
Petitioner directed to be released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4679 of 2016
Mantu Saw @ Kumar ... Petitioner.
Versus The State of Jharkhand ... ... ... ...Opp. Party. -----CORAM : HON'BLE MR. JUSTICE ANANDA SEN, -----For the Petitioner : Mr. Ram Chandra Prasad Sah, Advocate. For the State : A.P.P.
02/10.06.2016: Heard the learned counsel for the parties.
The petitioner is in custody in connection with S.T. No. 13 of 2016 arising out of Chandankiyari P.S. Case No. 167 of 2015, corresponding to G.R. No. 2313 of 2015, for the offence under sections 366(A), 376(2)(n) and 417 of the Indian Penal Code.
It is alleged that the victim girl was taken by the petitioner on the pretext of marriage to different places including Bokaro, Ranchi and Tamil Nadu also and thereafter she was brought to his house at Nawada and from there she was sent to Jharia.
Learned counsel for the petitioner submits that the entire occurrence took place with the consent of victim girl.
Learned A.P.P. opposes the prayer for bail.
Regard being had to the aforementioned facts, the petitioner, above named, 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 the learned Additional Sessions Judge-1, Bokaro, in connection with S.T. No. 13 of 2016 arising out of Chandankiyari P.S. Case No. 167 of 2015, corresponding to G.R. No. 2313 of 2015.
Sharma/-
2 issues framed by the court
Whether the petitioner, accused of abduction and rape, is entitled to bail on claim of victim consent.
Whether the learned A.P.P.'s opposition to bail succeeds given the nature of offences.
Mantu Saw @ Kumar
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
