Allowed

Sripati Mahto v. The State Of Jharkhand

Jharkhand HC20 Jan 2017B.A./24/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand enlarged the petitioner on bail in a sexual offence case (S.T. Case No. 170 of 2016). Conditions included furnishing a bail bond, paying ad-interim compensation to the victim, and refraining from influencing witnesses. An order for victim rehabilitation under the Jharkhand Victim Compensation Scheme was also directed.

What did the court decide?

Petitioner enlarged on bail subject to deposit of ad-interim compensation, bail bond with sureties, and other conditions including victim rehabilitation.

Sripati Mahto Vs The State Of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2017)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

B.A. No. 24 of 2017

¶3

Sripati Mahto ------- Petitioner

¶4

Versus

¶5

The State of Jharkhand ------- Opposite Party CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner : Mr.Manish Kumar, Advocate For the Opposite Party : APP

¶6

04/20.01.2017 -------------

¶7

1 . Bail application has been filed on behalf of petitioner namely Sripati Mahto who is in custody in connection with S.T. Case No. 170 of 2016, arising out of Boram P.S. Case No. 36 of 2015, corresponding to G.R.Case no. 2744 of 2015 for the offences registered U/S. 376/34 IPC.

¶8

2 . Heard learned counsel for the petitioner as well as learned counsel for the State.

¶9

3. Learned counsel for the petitioner has reiterated the same ground which he had taken on previous occasion i.e. on 8.9.2016. He has further submitted that the allegation which has been made against this petitioner is totally unbelievable because a husband will never compel his wife to undergo such type of act. Moreover, he has said that petitioner is in custody for a year. Hence, the petitioner may be enlarged on bail.

¶10

4 . Learned A.P.P. has opposed the prayer for bail and submitted that the allegation is serious in nature.

¶11

5. Having heard counsel for both sides and looking to the facts and circumstances of the case and also considering the period of detention, I am inclined to enlarge the above named petitioner on bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Jamshedpur in connection with S.T. Case No. 170 of 2016, arising out of Boram P.S. Case No. 36 of 2015, corresponding to G.R.Case no. 2744 of 2015 with the following conditions:

¶12

(i) Petitioner is directed to pay Rs. 5,000/- by way of ad-interim compensation in terms of Section 357-A Cr.P.C. before the trial court latest by 25^th February, 2017.

¶13

(ii) After depositing of the aforesaid amount, the trial court will issue notice to the prosecutrix who will appear before the trial court through her learned counsel and file an application for release of the aforesaid amount and thereafter

¶14

-2-

¶15

the trial court will release the aforesaid amount in her favour after proper verification.

¶16

(iii) Meanwhile, during pendency of the trial, the petitioner will neither try to influence, gain-over or intimidate the informant or her witnesses and if it is so found, it shall be open to the informant to file an application before this Court for cancellation of bail.

¶17

(iv) After conclusion of the trial, the trial court with the support of the District Legal Services Authority will frame a scheme for rehabilitation of victim/informant in terms of Jharkhand Victim Compensation Scheme, 2012 read with Section 357 and 357-A Cr.P.C. and submit a report to this Court.

¶18

(v) Let a copy of this order be sent to the court concerned.

¶19

(Ratnaker Bhengra, J.)

¶20

Nibha

Sripati Mahto v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Sripati Mahto v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md Hanif Vs The State Of Jharkhand

Arun Kumar Singh Vs The State Of Jharkhand

Mahun Mahato Mahadeo Mahato Vs State of Jharkhand

Gujru Toppo Vs The State Of Jharkhand

Abdul Rauf Vs The State Of Jharkhand

Madan Marandi Vs The State Of Jharkhand

What is this about?

What did the court decide?

What is this about?

What did the court decide?

What the court decided

A compact analysis

Md Hanif Vs The State Of Jharkhand

Arun Kumar Singh Vs The State Of Jharkhand

Mahun Mahato  Mahadeo Mahato Vs State of Jharkhand

Gujru Toppo Vs The State Of Jharkhand

Abdul Rauf Vs The State Of Jharkhand

Madan Marandi Vs The State Of Jharkhand

Mahun Mahato Mahadeo Mahato Vs State of Jharkhand