This bail application in an IPC Section 366(A) and 376 case was allowed. The court noted victim evidence suggesting she was a major consenting adult. Bail was granted on a bond with sureties.
The petitioner was directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6902 of 2016
Mahfuz Khan, S/o Ismail Khan, R/o Village Makunda, P.O. & P.S.- Sisai, District- Gumla. … … Petitioner
Versus The State of Jharkhand … … Opp. Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P.
03/02.09.2016 Heard Mr. Abhay Kr. Chaturvedy, learned counsel for the petitioner and Mr. Sanjay Kumar Srivastava, learned A.P.P. for the State.
Earlier the bail application of the petitioner was rejected in B.A. No. 3784 of 2015.
The petitioner is an accused in connection with Sisai P.S. Case No. 16 of 2014, corresponding to G.R. No. 46 of 2014, S.T. No. 105 of 2014, registered for the offences punishable under Sections 366(A) & 376 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that the victim age was more than 18 years on the date of occurrence as would be evident from the statement of the Doctor who has been examined as P.W.5. Learned counsel for the petitioner submits that the victim was the consenting party. It has also been submitted by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.01.2014.
Learned A.P.P. for the State has opposed the prayer for bail.
It appears from the status report that out of seven witnesses four witnesses have been examined till date. The evidence of P.W.5 goes to suggest that the victim was major at the time of incident and the surrounding circumstances do suggest that she was a consenting party in establishing physical relationship with the petitioner.
Considering the aforesaid facts as also the period of custody undergone by the petitioner, 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 Additional Sessions Judge I, Gumla in connection with Sisai P.S. Case No. 16 of 2014, corresponding to G.R. No. 46 of 2014, S.T. No. 105 of 2014.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether the petitioner is entitled to bail in an IPC Section 366(A) and 376 offence where the victim was over 18 and allegedly consenting.
1 provisions across 1 enactments
Mahfuz Khan
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
