The High Court allowed a petition granting bail to the petitioner, who was an accused in a rape case, directing his release upon furnishing a bond and two sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount to the Additional Sessions Judge-1st, Sahibganj.
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. 9382 of 2019
Ram Murmu … … Petitioner Versus 1. The State of Jharkhand … … 2. Manjhali Soren Opp. Parties
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. Aman Sehkhar, Advocate For the Opp. Parties : A.P.P.
05/16.12.2019 Heard Mr. Aman Sehkhar, learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner has been made accused in connection with Borio P.S. Case No. 240 of 2018 corresponding to G. R. No. 101 of 2019 (S. T. No. 132 of 2019).
The petitioner is alleged to have committed rape upon the informant, on the pretext of solemnizing marriage. She was taken to his house and kept for two years where physical relationship was also established. It has been alleged that in 2016, she was driven out from his house. The informant appears to have consented to the sexual advances made by the petitioner and had stayed with him continuously for a period of two years. The petitioner is in custody since 05.03.2019.
Regard being had to the above, the petitioner, named above, 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 learned Additional Sessions Judge-1st , Sahibganj, in connection with Borio P.S. Case No. 240 of 2018 corresponding to G. R. No. 101 of 2019 (S. T. No. 132 of 2019).
(Rongon Mukhopadhyay, J.)
Umesh/-
2 issues framed by the court
Whether a petition of appeal or writ against an order refusing bail in a rape case should be granted relief in the given facts.
Whether the petitioner should be released on bail upon furnishing a bond and sureties.
Ram Murmu
The State of Jharkhand
Manjhali Soren
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
