Allowed

Rajesh Kumar Singh v. the State of Jharkhand

Jharkhand HC4 Oct 2021B.A./5690/2021

Case brief

AI extract

What is this about?

In a bail application challenge, the High Court of Jharkhand, considering submissions of a consensual relationship between major persons and an undertaking for child welfare support and DNA testing, ordered regular bail for the petitioner on furnishing a bond and sureties.

What did the court decide?

Release on bail on a bond of Rs. 10,000 with two sureties of equal amount, subject to medical check-up and submission of UID cards.

Rajesh Kumar Singh Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)

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B.A. No. 5690 of 2021

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Rajesh Kumar Singh ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO -------- For the Petitioner : Mr. Indrajit Sinha, Advocate. Mr. Kushal Kumar, Advocate. For the State : Mr. Ravi Prakash, Spl.P.P. For the Informant : Mr. Pran Pranay, Advocate. ---------

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03/Dated: 04/10/2021

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Heard, learned counsel for the petitioner, Mr. Indrajit Sinha assisted by learned counsel, Mr. Kushal Kumar, learned counsel for the State, Mr. Ravi Prakash, Special Public Prosecutor and learned counsel for the informant, Mr. Pran Pranay.

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Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Mahila P.S. Case No. 62/2020, for the offence registered under Sections 376(2)(n) of the I.P.C.

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Learned counsel for the petitioner has further submitted that if any offence has been committed as alleged in the F.I.R., it is consensual sexual relationship between two major persons, as such, petitioner cannot be made accused under the aforesaid sections.

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Learned counsel for the petitioner has further submitted that without admitting for the bail, one supplementary affidavit dated 04.10.2021 filed on behalf of the petitioner sworn by Pramod Kumar Pandey stating therein that petitioner undertakes to pay an amount of Rs. 5 lacs to the informant for the welfare of the newly child born out of the consensual relationship of the informant and the petitioner. The petitioner is willing to pay the said amount only for the welfare of the child and the same shall not be used for any other purpose(s).

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Learned counsel for the petitioner has further submitted that the petitioner undertakes to go for the DNA test as and when directed by the Hon'ble Court for the paternity test of the child, as such, the petitioner, who is in custody since 23.12.2020, may be enlarged on bail.

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-2-

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Learned counsel for the State assisted by learned counsel for the informant has opposed the prayer for bail and has submitted that petitioner may undergo for DNA test.

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Considering the rival submissions of the parties and looking into facts and circumstances of the case, where two major persons have entered into consensual relationship and petitioner has also filed an affidavit stating therein that he will pay Rs. 5 lacs for the Welfare of the child and ready for DNA test for determination of parentage of child, this Court is inclined to enlarge the petitioner on bail.

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The petitioner 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 in connection Mahila P.S. Case No. 62/2020 to the satisfaction of learned Judicial Magistrate, Ranchi or its successor court on the following conditions:

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(i) One of the bailors shall be deponent / pairvikar of the present case namely, Pramod Kumar Pandey, son of Pundeo Pandey, resident of Chhatra Pustak Bhandar, K.D. Hindu Gaddi Chowk, P.O. - Khelari, P.S. - Khelari, District – Ranchi, Jharkhand, who has furnished photocopy of his UID Card before this Court in the bail application.

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Office is directed to send the photocopy of UID Card of deponent alongwith this order to the court below so as to verify the authenticity of the bailor .

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(ii) Another bailor shall be father / brother of the petitioner. (iii) The Jail Authority shall release the petitioner only after his medical check-up.

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(iv) The Civil Surgeon, Ranchi is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

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(v) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

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Accordingly, the bail application is allowed.

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(Kailash Prasad Deo, J.)

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Sunil/

Rajesh Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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