The High Court granted bail to the petitioner accused under Section 376 IPC, noting the established marital relationship between the accused and the victim who wished to marry him and stay with him.
Directed that the petitioner be released on bail on furnishing a bond of Rs. 10,000/- along with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10333 of 2018
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Mahadeo Tuti … Petitioner
-versus1. The State of Jharkhand 2. Anjalina Khakha … Opposite Party ---CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Anand Kumar Pandey, A.P.P. For the O.P. No. 2 : Mr. Santosh Kumar, Advocate ----
2/ 20.12.2018 Heard learned counsel for the parties.
Petitioner is an accused for allegedly committing the offence punishable under Section 376 of the Indian Penal Code, in connection with Mahila Police Station Case No.36 of 2017 corresponding to G.R. No.1841 of 2017, pending in the Court of learned Chief Judicial Magistrate, Palamau at Daltonganj.
Both the victim and the petitioner are major. The relationship was from the year 2012, which is apparent from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In the said statement, she has stated that she wants to marry this petitioner and wants to stay with him.
Learned counsel appearing on behalf of the petitioner as also the informant, state that both, the victim and the petitioner have solemnized their marriage.
Considering the aforesaid fact, petitioner, namely, Mahadeo Tuti, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Mahila Police Station Case No.36 of 2017 corresponding to G.R. No.1841 of 2017.
Kumar/Cp-03
1 issue framed by the court
Whether the petitioner accused under Section 376 IPC be granted bail given the marital relationship between the victim and the accused.
Mahadeo Tuti
The State of Jharkhand
Anjalina Khakha
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
