Bail application filed by Anil Kisku under Section 376 IPC. Court allowed bail noting live-in relationship with prosecutrix who was major during incident.
Petitioner directed to be released on bail upon furnishing bond of ₹25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1090 of 2023
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Anil Kisku .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.
------ Order No.02 Dated :21.02.2023
Heard both the sides.
The petitioner- Anil Kisku is in custody since 24.08.2022 in connection with Daru P.S. Case No.40 of 2022 corresponding to G.R. No.2082 of 2022 (S.T. No.438 of 2022) for the offence registered under Section 376 of the I.P.C. pending in the Court of Additional Sessions Judge-I cum Fast Track Court for Rape Cases, Hazaribag.
It is submitted by the learned counsel on behalf of petitioner that as per F.I.R. prosecutrix is major and she was in live-in relationship with this petitioner for last four years. In this view of the matter, offence under Section 376 of the I.P.C. will not be made out.
Learned A.P.P. opposed the prayer for bail.
Under the circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J . )
Anit
2 issues framed by the court
Whether the petitioner is entitled to bail in a rape case involving a live-in relationship with the prosecutrix.
Whether the seal on the FIR due to minority can be lifted given the living with petitioner.
1 provisions across 1 enactments
Anil Kisku
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
