In bail proceedings under Sections 376/417 IPC, the single judge held that the petitioner be released on bail upon furnishing a surety bond of Rupees twenty thousand.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties to the satisfaction of the sub-divisional judicial magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4626 of 2019
Banty Rajwar @ Banty Kumar @ Banty Kumar Rajwar
…Petitioner
-V e r s u s-
The State of Jharkhand ...Opp. Party CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. Sudhir Kumar Mahto, Advocate For the State :- Mrs. Lily Sahay, A.P.P.
07/17.08.2019 Heard learned counsel for the parties.
Petitioner is an accused for the offences punishable under Sections 376/417 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The informant/victim is a major lady aged about 22 years. The story made out by the informant/victim in her written report is completely concocted. Even on perusal of the written report, it would appear that she travelled to different places with the petitioner and thus it is unbelievable that without her consent, the petitioner would have taken her to the said places. As such, the petitioner, who is in judicial custody since 04.03.2019, may be given the privilege of regular bail.
Learned A.P.P. opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances, I am inclined
to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/(rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dhanbad in connection with Baghmara P.S. Case No. 16 of 2019.
(Rajesh Shankar, J.)
Ritesh
2 issues framed by the court
Whether the petitioner should be granted bail in a case punishable under Sections 376/417 of the Indian Penal Code.
Whether opposing bail on the ground of the case facts is sustainable.
1 provisions across 1 enactments
Banty Rajwar @ Banty Kumar @ Banty Kumar Rajwar
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
