Jarman Kerai Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3728 of 2024

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Jarman Kerai aged about 20 years, son of Udiya Kerai resident of village- Dudhbila, P.O.-Gua, P.S.-Gua, Distt.-Chaibasa at West Singhbhum (Jharkhand)

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Madhuwa Kerai aged about 21 years, son of Guli Kerai resident of village- Dudhbila, P.O.-Gua, P.S.-Gua, Distt.-Chaibasa at West Singhbhum (Jharkhand) ..... … Petitioners

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

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner : Mr. Rajesh Kr. Mishra, Advocate For the State : Mr. Arup Kr. Dey, A.P.P.

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08/6^th September, 2024

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Heard the learned counsel for the petitioner and learned A.P.P. for the State.

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This bail application has been filed on behalf of the abovenamed petitioner with the prayer to release on bail in connection with Noamundi P.S. Case No. 33 of 2023, corresponding to Spl. POCSO Case No. 44 of 2023, MCA No. 374 of 2024, registered under Sections 366A, 376(3), 376D, 376(2)(n) of the Indian Penal Code and under Sections 4 and 6 of the Protection of children from sexual offence Act, pending in the Court of learned District and Additional Sessions Judge-Icum-spl Judge (POCSO Act) West Singhbhum at Chaibasa.

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The FIR of this case was lodged against the six named accused including the present petitioner by one of the victim herself with these allegations that on 29.09.2023, she along with her friend was coming back from Mansa Mandir and as they reached near Noamundi over bridge, Niral Chatomba and his friend Laxman Chatomba, Sahu Chatomba, Madhuwa Kerai, Jarman Kerai came by the two motorcycles and suggested them to drop to their house by those motocycles. On being insisted by them, the informant and her friend, both sat at the motorcycle of Niral Chatomba while remaining four were on the

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another motorcycles. First they filled petrol in their vehicle at the petrol pump and, thereafter, Niral Chatomba asked her to sit on the motorcycle of Madhuwa Kerai, so she along with Sahu Chatomba, Jarman Kerai and Madhuwa Kerai were on one motorcycle, while her friend and Niral Chatomba and one more were on another motorcycle. They all took them towards the isolated place in a jungle where Niral Chatomba, Jarman Kerai and Madhuwa Kerai, all the three dropped her on the ground. First Niral Chatomba raped her and, thereafter, Madhuwa Kerai and Jerman Kerai also raped her. Her friend was also raped by these accused persons. She and her friend both were gang raped by the accused persons and, thereafter, from there, they went to their house and they could not apprise in regard of occurrence on account of fear and accordingly this FIR was lodged.

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Learned counsel for the petitioner has submitted that in this case, trial has commenced. Both the victim and mother of both victims have been examined and none of the witness has attributed any role to the present petitioner, Jarman Kerai and Madhuwa Kerai, rather both the victims have not identified the present petitioners.

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The deposition statement of four witnesses are being annexed on behalf of the petitioner with supplementary affidavit. In her statement, victim no. 1 has named in the opening paragraph, the four accused persons, namely, Niral Chatomba, Laxman Chatomba, Sahu Chatomba and Sunil Purty. She has stated that even the accused persons have raped her and her friend. In paragraph 5 of her statement, this victim has stated that this victim only identified Sunil Purty and stated that he raped her. While the remaining accused who were present through video conferencing, namely, Madhuwa Kerai and Jarman Kerai were refused to be identified by this victim. In the like manner, victim no. 2 also attributed role of committing rape upon her to Laxman Chatomba, Sahu Chatomba, Niral Chatomba and Sunil

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Purty while refused to identify Madhuwa Kerai and Jarman Kerai who appeared through video conferencing during their examination before the learned Trial Court. Further, P.W.4 and P.W.5 are the mother of both the victims respectively and both have turned hostile.

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

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(Subhash Chand, J.)

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Rashmi

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Jarman Kerai v. the State of Jharkhand

Case brief

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Jarman Kerai v. the State of Jharkhand

Case brief

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