This order grants bail to Birsa Hansda, incarcerated since December 2022 in a rape and unnatural offence case, directing her release upon furnishing a bond and sureties.
Directed to release petitioner on bail on furnishing bail bond of Rs. 25,000 with two sureties of like amount each.
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. 1122 of 2023
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Birsa Hansda .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. Tapas Roy, A.P.P. For the Informant : Mr. Vikas Kumar, Advocate
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Order No.02 Dated :21.02.2023
Heard both the sides.
The petitioner- Birsa Hansda is in custody since 20.12.2022 in connection with Dhalbhumgarh P.S. Case No. 16 of 2022 for the offence registered under Sections 493, 376, 34 of the I.P.C. pending in the Court of S.D.J.M., Ghatsila.
It is submitted by the learned counsel on behalf of petitioner that no offence under Section 376 of the I.P.C. will be made out as from the F.I.R., it will be apparent that both were in live-in relationship which was consensual. Although incidence is said to have taken on 10.05.2019 but the case has been lodged on 18.02.2022, after lapse of three years. There was no allusion between the parties regarding marital status therefore, Section 493 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 charge under Section 376 IPC where the accused claims the act was consensual within a live-in relationship.
Whether the delay in lodging the FIR supports a claim that the offence of rape under Section 376 IPC is not made out.
3 provisions across 1 enactments
Birsa Hansda
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
