Lakhan Purti Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Lakhan Purti Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release 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 connection with Pathalgada P.S. Case No.04 of 2024.

Issue for consideration

Whether the petitioner, Lakhan Purti, should be released on bail in connection with Pathalgada P.S. Case No.04 of 2024 registered under sections 376, 504, 506 and 34 IPC and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act.

Court's answer

The bail application is allowed: taking into consideration that the victim is 27 years old and therefore a major, and that the conduct of the victim appears to be consensual, the petitioner is to be released on bail.

Key takeaways

The court observed that the FIR discloses no date or time for the alleged sexual exploitation of the informant by Lakhan Purti.obiter¶10
The court noted that although the victim alleged criminal intimidation and exercise of force upon her since October, 2020, the FIR in the case was lodged only in the year 2024.obiter¶13

Detailed headnote1 paragraphs

Bail — granted. High Court of Jharkhand at Ranchi, B.A. No. 3492 of 2024, order dated 05.08.2024 (Subhash Chand, J.): regular bail allowed to Lakhan Purti (aged about 30), accused in Pathalgada P.S. Case No. 04 of 2024 registered under sections 376, 504, 506 and 34 IPC and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, pending before the Judicial Magistrate, 1st Class, Chatra. FIR lodged by the victim herself on 16.01.2024 for occurrences of 30.12.2023 to 07.01.2024: the petitioner and co-accused allegedly took her parents to a Bhagat (sokha) on 30.12.2023, the mother was branded a daain, a panchayat was held on 07.01.2024, and the petitioner was alleged to have sexually exploited her on pointing of gun. In her Section 164 CrPC statement the victim's age is shown as 27 years and she stated that the petitioner resides in the same village. Granting bail, the court took into consideration that the victim is a major and that her conduct appears to be consensual; it also observed that the FIR fixes no date or time for the sexual-exploitation allegation and that, though intimidation and force were alleged from October 2020, the FIR was lodged only in 2024. Bail bond of Rs. 25,000/- with two sureties of like amount.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3492 of 2024

Lakhan Purti, aged about 30 years, son of Sagar Purti, R/o Raturwa, P.O. Dwari, P.S. Pathalgada, District Chatra (Jharkhand) ...... Petitioner Versus

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

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

------For the Petitioner : Ms. Supriya Dayal, Advocate For the State : Mr. Rajesh Kumar, APP For the Informant : Mr. Sushant Kumar Sinha, Advocate --------

Order No.06 /Dated: 5^th August, 2024

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Pathalgada P.S. Case No.04 of 2024 registered under sections 376, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, pending in the court of learned Judicial Magistrate, 1^st Class, Chatra.

The FIR of this case was lodged by the victim herself wherein allegations are made that the accused Lakhan Purti along with other co-accused had taken her parents to a Bhagat (sokha) on 30.12.2023. The allegations were made of practicing witch craft by the parents of the informant. The mother of the informant was brandished daain. The accused persons were bent upon to kill the mother of the informant. A panchayat was also held on 07.01.2024. It is further alleged that Lakhan Purti had been sexually exploiting her on pointing of gun.

In the FIR itself, the occurrence is shown of 30.12.2023 to 07.01.2024 and this FIR was lodged on 16.01.2024. The allegations in regard to sexually exploiting to the informant by Lakhan Purti, no date or time of the same is shown in the FIR itself. The statement of victim was also recorded under Section 164 of the Code of Criminal Procedure, in which, she stated that Lakhan Purti also resides in the very village where the informant-victim resides. It takes only ten minutes to cover the distance from the house of victim to the house of accused. For the first time in October, 2020, the petitioner is

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alleged to have talked with the victim and, thereafter, he had been establishing relation with her on pointing of gun by criminal intimidation. In her statement under Section 164 of the Code of Criminal Procedure, the age of victim shown 27 years old.

As per the statement of victim, the accused had been criminally intimidating and also exercised force upon her since October, 2020 but the FIR of this case was lodged in the year 2024.

Taking into consideration the age of victim 27 years being major and also the conduct of victim which appears to be consensual, 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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