In a bail petition by an accused in a rape and unnatural offences case, the High Court of Jharkhand granted bail after considering the long-standing physical relationship between the parties despite the nature of the allegations.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with sureties.
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. 9756 of 2021
Mahendra Sahu …… Petitioner Versus The State of Jharkhand …… Opposite Party ----CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. D. K. Chakraverty, Advocate For the State : Ms. Snehlika Bhagat, P.P.
…. .
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
…..
03/22.10.2021 Learned counsel for the petitioner undertakes to remove the defects
within one week from today, as pointed out by the office.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Mahila P.S. Case No. 11 of 2020 registered under Sections 376 and 493 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that the petitioner had given money to the informant and some dispute has arisen due to non-payment of money. Thereafter the informant has lodged an FIR against the petitioner, although the informant had established physical relationship with the petitioner for about 14 years. The informant is major lady. It is submitted that the petitioner is in custody since 11.12.2020 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail.
It appears that the petitioner is named in the FIR, however, both the parties established physical relationship for about 14 years. It further appears that the petitioner is in custody since 11.12.2020.
Considering the custody of the petitioner and on the facts and circumstances of this case, the petitioner namely Mahendra Sahu is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) 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. 11 of 2020 subject to the condition that one of the bailors must be own relative of the petitioner.
(Sanjay Prasad, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner accused of offences under Sections 376 and 493 IPC should be released on bail considering the existence of a long-term physical relationship with the informant and custodial det
Mahendra Sahu
The State of Jharkhand
SANJAY PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
