The High Court of Jharkhand granted bail to the petitioner, who was arrested in a case under Section 376(2)(N)/417 IPC. The court accepted the lawyer's undertaking to fix defects and directed release on a bond with conditions.
Petitioner directed to be released on bail by furnishing a bond of Rs. 25,000 with two sureties, to cooperate with the trial.
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. 3 of 2021
Punit Ishwar @ Puneet Iswar … Petitioner Versus The State of Jharkhand … Opposite Party ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mrs. Niki Sinha, Addl. P.P.
------
Order No.02 Dated- 01.02.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Mahila P.S. Case No.27 of 2020 registered under sections 376(2)(N)/417 of the Indian Penal Code.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim girl on the pretext of marriage but did not marry her. It is further submitted that the allegations against the petitioner are all false and the victim is a major married lady with a subsisting marriage with one Pradip and is the mother of two children. It is then submitted that the allegation at best makes out a case of consensual sexual relationship between two adults. It is next submitted that the petitioner has been in custody since 15.09.2020 as has been mentioned in the supplementary affidavit dated 01.02.2021. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to 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 Judicial Magistrate -1st Class, Ranchi, in connection with Mahila P.S. Case No.27 of 2020 with the condition that he will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case alleging rape on the pretext of marriage.
Punit Ishwar @ Puneet Iswar
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
