Allowed

Laldeo Oraon v. the State of Jharkhand

Jharkhand HC1 May 2019A.B.A./334/2019

Case brief

AI extract

What is this about?

Court granted anticipatory bail to a petitioner facing charges under IPC sections 376 and 323. Bail conditional on marriage registration, cooperation with investigation, and surrender within five months.

What did the court decide?

Anticipatory bail granted subject to surrender within five months, production of marriage certificate, bail bond of Rs. 25,000 with two sureties, and conditions under Section 438(2) CrPC.

Laldeo Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 334 of 2019

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Laldeo Oraon … Petitioner

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Versus

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The State of Jharkhand & Anr. … Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mrs. N. Kundu, Adv. For the State : Addl. P.P. For Opposite Party No. 2 : Mr. S.D.Munda, Adv.

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04 / 01.05.2019 Heard the parties. Both the petitioner and the opposite party no.2 are present in the court today.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mahila P.S. Case No. 24 of 2018 (G.R. No. 405 of 2018) registered under Sections 376/323/504/506 of the Indian Penal Code.

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The learned counsel appearing for the petitioner submits that this is case of consensual sexual relationship between the parties for a considerable period of time and the victim was major at the time of occurrence. The learned counsel for the petitioner submits that the allegations against the petitioner are false. Both the petitioner and opposite party no.2 have agreed to solemnize marriage as per sarna custom and get their marriage registered with the marriage officer. It is next submitted by the learned counsel for the petitioner that the petitioner is a sepoy in Indian Army 4^th COSR, presently posted in Jammu Sector and he will be granted leave only after 5^th September 2019. Hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of five months from the date of this order, on producing the copy of the certificate of registration of his

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marriage with the opposite party no.2, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lohardaga in connection with Mahila P.S. Case No. 24 of 2018 (G.R. No. 405 of 2018) subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Adhar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/Rajnish-

Laldeo Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Laldeo Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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