This order grants bail to the petitioner, an accused in a kidnapping and rape case at Barwadih P.S., noting the victim did not name him as the sexual assailant despite prior encounters at his brother-in-law's house.
Petitioner released on bail of Rs. 20,000/- with two sureties of the like amount to the satisfaction of the Court of S.D.J.M., Latehar.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8138 of 2023
Kunal Kumar Gupta … … Petitioner - Versus -
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For Petitioner : M/s. J. S. Singh, Advocate For the State : M/s. S. K. Jha, A.P.P
04/21.11.2023 Heard the Parties.
Petitioner has been made an accused in connection with Barwadih P.S. Case No. 54/2023, registered under Section 363 of the Indian Penal Code, pending in the Court of learned S.D.J.M., Latehar.
The victim alongwith her friend was kidnapped by unknown persons. She was taken to various places where several accused persons raped them.
Statement of the victim recorded under section 164 Cr.P.C. has been received, it appears that the allegation against the petitioner is that the victims were kept in the house of brother in law of the petitioner. She had named the accused persons who had raped her. She has not named this petitioner as the person who had sexually assaulted her
Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Latehar in connection with Barwadih P.S. Case No. 54/2023.
(Ambuj Nath, J.)
Saurabh
uploaded
2 issues framed by the court
Whether the petitioner should be released on bail in connection with the kidnapping and rape case.
Whether the victim's failure to name the petitioner as a rapist warrants granting bail.
2 provisions across 2 enactments
Kunal Kumar Gupta
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
