Regular bail in a rape case under sections 376/313/34 IPC. The court noted from the FIR and section 164 Cr.P.C. statement that the victim was a 22-year-old major who consented to the relationship, and allowed the bail application.
Applicant released on bail on furnishing bail bond of Rs.25,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5298 of 2024
Ashish Bouri @ Ashish Bauri, aged about 29 years, son of Ganesh Bouri @ Ganesh Bauri, Resident of Siyar Kanli, PO & PS Chirkunda (Galfarbari OP), District Dhanbad. ..... … Petitioner
Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mrs. J. Mazumdar, Advocate Mr. Rohan Mazumdar, Advocate For the State : Mr. Shiv Shankar Kumar, APP
-------06/23.08.2024 Heard learned counsel for the applicant and learned A.P.P. for
the State.
RKM
she had stated that she had love affairs with Ashish Bouri and Ashish Bouri had been establishing physical relation with her on the pretext of marriage and one day he took her with him and thereafter left her at the station.
(Subhash Chand, J.)
2
1 issue framed by the court
Whether the applicant should be released on bail in a rape case where the victim was a major and allegedly a consenting party.
3 provisions across 2 enactments
Ashish Bouri @ Ashish Bauri
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
