The single-judge High Court of Jharkhand granted bail to the accused petitioner. The court held that since the parties were major and entered the relationship knowingly, bail should be released.
The petitioner Patit Paban Rai is released on bail on furnishing a bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 679 of 2018
Patit Paban Rai @ Patit Pawan Roy …......... Petitioner(s). Versus
-----CORAM : HON'BLE MR. JUSTICE ANANDA SEN. -----For the Petitioner(s) :Mr. Hemant Kr. Chakrabarty, Advocate. For the State :A.P.P.
02/15.02.2018: Heard the learned counsel for the petitioner(s).
The petitioner is an accused for the offence under Sections 376, 313, 341, 323, 504, 506 and 34 of the Indian Penal Code.
It is alleged by the informant that she, aged about 28 years, was allured by the petitioner in the year 2013 and they entered into sexual relationship on the pretext that he will marry her. The said physical relationship continued from 2013 till December, 2016. In the meantime, the informant got pregnant but her pregnancy was aborted. It is also alleged that in December 2016, the petitioner fled and has not kept his promise of marriage, for which, the instant case has been lodged on 23.9.2017.
Since both the parties are major and they entered into physical relationship fully knowing the consequence of the same, which continued from the year 2013 to 2016, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Patit Paban Rai @ Patit Pawan Roy 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 Judicial Magistrate, 1st Class, Dumka, in connection with Ranishwar P.S. Case No. 24 of 2017, corresponding to G.R. No. 817/2017.
(ANANDA SEN , J.)
Anu/-C.P.-3
1 issue framed by the court
Whether the petitioner should be granted bail in an offence involving rape of a minor where the relationship with the alleged victim continued from 2013 to 2016.
Patit Paban Rai @ Patit Pawan Roy
The State of Jharkhand
Babita Kumari
Ananda Sen
As recorded by the court registry
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