Allowed

Layshan Shekh Alias Md. Laisal Shekh v. the State of Jharkhand

Jharkhand HC12 Aug 2024B.A./4076/2024

Case brief

AI extract

What is this about?

Bail application under Sections 376, 504, 506 IPC arising from an FIR alleging sexual relations on a promise to marry. The court observed the victim was a major, relations were consensual, and breach of a promise to marry does not amount to fraud, and allowed bail.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the Court concerned.

Layshan Shekh Alias Md. Laisal Shekh Vs the State of… — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 4076 of 2024

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Layshan Shekh @ Md. Laisal Shekh, aged about 20 years, son of Sukruddin Shekh, resident of village Mugalanichak, P.O. and P.S. Rajmahal, District Sahibganj. ...... Petitioner

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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. Gautam Kumar, Advocate For the State : Mr. Naveen Kr. Gaunjhu, APP --------

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Order No.07/Dated: 12^th August, 2024

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

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This bail application has been filed on behalf of the petitioner, namely, Layshan Shekh @ Md. Laisal Shekh with a prayer to release on bail in connection with Rajmahal P.S. Case No. 274 of 2023, registered under section 376, 504 and 506 of the Indian Penal Code, pending before the Court of learned Sub-Divisional Judicial Magistrate, Rajmahal.

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As per allegations made in the FIR, lodged by the victim herself, it is alleged that about one and half months ago his neighbor Layshan Shekh @ Md. Laisal Shekh had been stalking her and he told her that he liked her and would marry with her as such both begin to love each other. On 29.06.23, the accused called her to the house of Ahad Shekh and there he established physical relation against her will. And he also assured that he would marry her within few days. Thereafter also, he established physical relation with her in her own house as well, and prolonged the time either on one pretext or the other for getting married with her. On 17.08.23, the parents of the informant and some persons of the village went to the house of the accused and asked for getting married with the informant. At this, the accused Layshan Shekh @ Md. Laisal Shekh, Sakkrudin, Sumit Sekh and Khusal Shekh all hurling abuse criminally intimidated them and also made demand of two lakhs rupees, if the marriage is solemnized.

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From the very allegations made in the FIR, the victim was major and the physical relations established between the two consensual. Mere breach of

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promise to marry does not give rise for committing fraud upon the victim in establishing physical relation.

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In view of the submissions made, the bail application of the petitioner/applicant is hereby allowed. Let the petitioner/applicant be released on bail on furnishing 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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Vedanti/-

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Layshan Shekh Alias Md. Laisal Shekh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Layshan Shekh Alias Md. Laisal Shekh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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