The High Court of Jharkhand directed the release of an accused applicant on bail under a Mahila P.S. Case involving allegations of financial and sexual misconduct, noting a long-standing relationship and victim's apparent consent.
The petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of Rs. 10,000 each.
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. 2321 of 2020
Ravi Kumar … … Petitioner
Versus
The State of Jharkhand … … Opposite Party ---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. D. K. Chakraverty, Advocate For the Opposite Party : Mr. Suraj Deo Munda, A.P.P.
3/03.07.2020 Heard the parties.
The petitioner is an accused in connection with Mahila P.S. Case
No. 3 of 2020.
It has been alleged that the petitioner had established physical relationship with the informant on the pretext of marriage. He had also demanded money and had withdrawn Rs. 10,000/- from her account on 04.10.2019. In the statement under Section 164 of Cr.P.C. of the victim, she has supported the allegations.
However, it appears that the relationship between them existed for more than 4 years and apparently she is a consenting party to the sexual overtures made by the petitioner. The petitioner is in custody since 27.01.2020.
Regard being had to the above, 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 Judicial Magistrate 1st class, Jamshedpur in connection with Mahila P.S. Case No. 3 of 2020.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the petitioner should be remanded in custody or released on bail given the duration of the relationship and alleged consent.
Ravi Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court