Allowed

Dibru Sundi Alias Kadia Sundi v. the State of Jharkhand

Jharkhand HC3 Sept 2024B.A./6200/2024

Case brief

AI extract

What is this about?

Bail application under Section 376 IPC arising from an alleged rape on 3 December 2023. Noting contradictions between the F.I.R. lodged by the victim and her statement under Section 164 Cr.P.C., and that no TIP was conducted to identify the petitioner, the court allowed bail with bonds of Rs.25,000 and two sureties.

What did the court decide?

Petitioner to be released on bail on furnishing bond of Rs.25,000 with two sureties of like amount to the satisfaction of the trial court.

Dibru Sundi Alias Kadia Sundi Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6200 of 2024

¶2

Dibru Sundi @ Kadia Sundi aged about 29 years son of Late Babulal Sundi resident of village Pataguira, P.O. Chaibasa, P.S. Mufassil Chaibasa, District West Singhbhum ..... … Petitioner

¶3

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

¶4

¶5

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

¶6

-----For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. --------

¶7

03/03.09.2024 Heard learned counsel for the petitioner and learned A.P.P. for

¶8

the State.

¶9

This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with S.T. Case No.164 of 2024 arising out Chaibasa Mufassil P.S. Case No.200 of 2023 registered under Section 376 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa.

¶10

The F.I.R. of this case was lodged by the victim herself with these allegations that on 3^rd December, 2023 she along with Kodma Maharana was going to house of Sona Mundi. At 6.30 o’ clock in evening, when she was coming back to house along with Kodma Maharana, accused Dibru Sundi who was present there came and took her towards the bush. Kodma Maharana feared and she fled away from there. Thereafter Dibru Sundi committed rape upon her. She could not raise alarm as her mouth was choked. Thereafter Kodma Maharana along with persons of village came there and Dibru Sundi having seen them fled away. Hence, this F.I.R. was lodged.

¶11

The statement of the victim was recorded under Section 164 Cr.P.C. in which she has stated that on 3^rd December, 2023 when she was coming back with Kodma Maharana, one boy came there with whom she was not familiar and she could identify that boy if brought before her. The said boy took her towards the bush and raped her. When Kodma Maharana came along with villagers that boy fled away.

¶12

The contents of the F.I.R., which was lodged by the victim, are in contradiction with the statement of the victim recorded under Section 164

¶13

Cr.P.C. Admittedly, no TIP was conducted during investigation to identify the complicity of the petitioner in commission of the alleged offence.

¶14

In view of the submissions made and materials on record, 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 the like amount to the satisfaction of the court concerned in aforesaid case.

¶15

(Subhash Chand, J.)

¶16

Rohit

¶17

-2-

Dibru Sundi Alias Kadia Sundi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dibru Sundi Alias Kadia Sundi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Debu Kalindi Vs the State of Jharkhand

Aman Srivastava Vs the State of Jharkhand

Sunil Munda Vs the State of Jharkhand

Jitwahan Oraon Alias Jitpahan Oraon Vs State of Jharkhand

Palton Godsora Alias Paltan Godsora Vs the State of Jharkhand

Dipak Choudhary @ Teka Chaudhary @ Teka Vs the State of Jharkhand