Petitioner sought bail in a rape trial. The Court noted a prior continuing relationship between the parties since 2010 founded on a promise of marriage and both parties were major. Bail was granted.
Petitioner directed to be released on bail by furnishing a 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. 1440 of 2018
Sumesh Jaiswal @ Sumesh Kumar Jaiswal …......... Petitioner(s). Versus The State of Jharkhand .. … Opp. Party(s).
-----CORAM : HON'BLE MR. JUSTICE ANANDA SEN. -----For the Petitioner(s) :Mr. Mitul Kumar, Advocate. For the State :A.P.P.
02/05.03.2018:
Heard the learned counsel for the petitioner(s).
Learned A.P.P opposes the prayer for bail.
The petitioner is an accused for the offence under Section 376 of the Indian Penal Code.
It is alleged that the petitioner committed rape upon the informant on the promise to marry her.
After going through the record and hearing the parties, this Court finds that both the parties are major and physical relationship between them had been continuing from 2010.
Since both the parties are major and relationship had been continuing since the year 2010 on the promise of marriage, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Sumesh Jaiswal @ Sumesh Kumar Jaiswal 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 A.J.C.(X), Ranchi, in connection with Chutia P.S. Case No. 32 of 2017, corresponding to G.R. No. 685 of 2017 (S.T. NO. 560/2017).
(ANANDA SEN , J.)
Anu/-C.P.-3
1 issue framed by the court
Whether the petitioner is entitled to bail in an offence under Section 376 IPC considering the prior continuing relationship based on promise to marry.
1 provisions across 1 enactments
Sumesh Jaiswal @ Sumesh Kumar Jaiswal
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
