In a bail application under Section 437 CrPC, the High Court of Jharkhand directed the release of the petitioner accused in a rape offence on bail, citing a compromise and the victim's hostility, upon furnishing a bond and sureties.
Release of petitioner on bail with bond of Rs. 10,000 and two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 391 of 2019
Bishwanath Singh … … Petitioner Versus 1.The State of Jharkhand 2.Sunita Kisku … … Opposite Parties ---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. J. N. Upadhyay, Advocate For the Opposite Party No. 1 : Mr. Rajneesh Vardhan, A.P.P. For the Opposite Party No. 2 : Mr. Shubham Mishra, Advocate
6/14.10.2019 Heard Mr. J. N. Upadhyay, learned counsel appearing for the petitioner and Mr. Rajneesh Vardhan, learned A.P.P. for the State as well as Mr. Shubham Mishra, learned counsel for the opposite party no. 2.
The petitioner is an accused in connection with Boram P.S. Case No. 34 of 2018 corresponding to G. R. No. 1614 of 2018.
It has been alleged that the petitioner and another person has repeatedly committed rape upon the informant from 07.05.2018 to 11.05.2018. It has been stated by the learned counsel for the petitioner that there is love affair between the petitioner and the informant, which fact was echoed by the learned counsel for the opposite party no. 2. It has jointly been stated that the matter has been compromised. In fact from the evidence of victim recorded in S. T. No. 115 of 2019, it appears that she has not supported the prosecution case and therefore has been declared hostile by the prosecution. The petitioner is in custody since 04.06.2018.
In view of the aforesaid facts, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Jamshedpur in connection with Boram P. S. Case No. 34 of 2018 corresponding to G. R. No. 1614 of 2018.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the accused charged with rape should be released on bail given the compromise and hostile testimony of the victim.
1 provisions across 1 enactments
Bishwanath Singh
State of Jharkhand
Sunita Kisku
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court