Bail application under Section 437 CrPC rejected by High Court at Ranchi. Court held petitioner not entitled to bail as victim not consenting party in sexual offence case pending elsewhere.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7262 of 2022
Poyour Marandi @ Ramesal Marandi @ Rameshwar Marandi ... Petitioner -VersusThe State of Jharkhand … ... Opposite Party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner :- Mr. Niraj Narayan Mishra, Advocate For the State :- Mr. Sanat Kumar Jha, APP
04/16.09.2022: Heard both the counsels.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence and that the entire allegation level against the petitioner is false, baseless and concocted. The learned counsel has further submitted that the victim is consenting party and, therefore, no offence under section 376 IPC is attracted against the petitioner. The petitioner has been falsely implicated in this case with ulterior motive. Moreover, the petitioner is in custody since 01.12.2021. Therefore, petitioner may be released on bail.
Learned APP, appearing on behalf of the State, has vehemently opposed the bail application of the petitioner and has submitted that there is direct and specific allegation against the petitioner that he on the pretext of marriage took the victim at his house and committed sexual intercourse with her and when the victim asked her to marry, he assaulted her and refused to solemnize marriage with her.
Having gone through the records and in the facts and circumstances of the case, I am not inclined to grant regular bail to the present petitioner, named above, in connection with Littipara PS Case No. 17 of 2021 (ST No. 37 of 2022, pending in Court of the learned Additional District Judge-I, Pakur.
Accordingly, prayer for regular bail of the petitioner is rejected at this stage.
The petitioner may renew his prayer after three months.
(Ratnaker Bhengra, J.)
S.B.
Poyour Marandi @ Ramesal Marandi @ Rameshwar Marandi
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
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