Dinesh Kumar Alias Dinesh Kumar Mahto Alias Annu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Dinesh Kumar Alias Dinesh Kumar Mahto Alias Annu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the court concerned in Hazaribag Sadar P.S. Case No.442 of 2022.

Issue for consideration

Whether the petitioner, an accused under sections 323, 341, 376, 354(B), 504 and 506 IPC in Hazaribag Sadar P.S. Case No.442 of 2022 pending before the Chief Judicial Magistrate, Hazaribagh, should be released on bail. +1 more

Court's answer

The bail application was allowed and the petitioner is to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

Ratio / Principle

Grant of bail rested on the victim being a major and on her conduct as recorded in para 14 of the case diary, wherein the landlady stated that the victim resided with the petitioner in a tenanted room very easily and had said she wanted to marry the petitioner; on that consideration the court held the bail application deserved to be allowed.

Detailed headnote1 paragraphs

Bail Application No. 1640 of 2024 — ALLOWED. High Court of Jharkhand, Ranchi (Justice Subhash Chand, sole member; Order No.09 dated 08.08.2024). Petitioner Dinesh Kumar @ Dinesh Kumar Mahto @ Annu, aged about 35 years, accused under sections 323, 341, 376, 354(B), 504 and 506 of the Indian Penal Code in Hazaribag Sadar P.S. Case No.442 of 2022, pending before the Chief Judicial Magistrate, Hazaribagh, sought release on bail. The FIR was registered by the Magistrate's order on the complainant's application under Section 156(3) of the Code of Criminal Procedure; the complaint alleged that on 18.08.2022 the petitioner proposed marriage and committed rape, thereafter repeatedly established physical relations on allurement of marriage, and confined the complainant in a locked tenanted house until she fled on 25.08.2022. The complaint showed the victim's age as 19 years (major). In para 14 of the case diary the landlady stated that the victim resided with the petitioner in a tenanted room very easily and had told that she wanted to marry the petitioner. Taking into consideration the conduct of the victim, who was major, the Single Member allowed the bail application; petitioner to furnish bail bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the court concerned.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1640 of 2024

Dinesh Kumar @ Dinesh Kumar Mahto @ Annu, S/o Sri Jageshwar Mahto, aged about 35 years, R/o Village Chhadwa, P.O. Pelawal, P.S. Katkamsaandi, District Hazaribag, Jharkhand-825301 ...... Petitioner

Versus The State of Jharkhand …. …. Opp. Party ------

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

------For the Petitioner : Mr. Ashish Jha, Advocate For the State : Mr. Nawin Kumar Singh, APP For the Informant : Ms. Ranjana Singh, Advocate -------- Order No.09 /Dated: 8^th August, 2024

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. 2. This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Hazaribag Sadar P.S. Case No.442 of 2022 registered under sections 323, 341, 376, 354(B), 504 and 506 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Hazaribagh.

The FIR of this case was registered by the order of the Magistrate on application under Section 156(3) of the Code of Criminal Procedure given by the complainant with these allegations that the complainant and the accused both were familiar to each other and as the accused was also resident of the very village of the complainant. The friendship between both developed into intimacy and both used to meet together. On 18.08.2022, the accused had proposed her to marry and also committed rape upon her. Thereafter, he having allured her to marry continuously established physical relation with her. He had also confined her in a house and after having locked the door of the house, from outside, he used to leave the house and used to establish physical relation with her forcibly. On 25.08.2022, she managed to flee away from the tenanted house to her house and ultimately this complaint was filed.

In the complaint itself, the age of victim is shown 19 years. This complaint was lodged and the first date of occurrence in regard to commit rape upon her is shown as 18.08.2022. The victim was major. In para14 of the case diary, the land lady of the house, in which, the victim had been residing along

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with the petitioner has stated that the victim resided with petitioner in a tenanted room very easily and it was told by the victim that she wanted to marry with the petitioner. Taking into consideration the very conduct of the victim, who was major, the bail application of the petitioner is deserves to be allowed.

In view of the above, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

(Subhash Chand, J.)

Madhav/-

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