Allowed¶13

Sukhu Oraon v. the State of Jharkhand

Jharkhand HC6 Sept 2024B.A./6663/2024

Case brief

AI extract

What is this about?

Sukhu Oraon v. State of Jharkhand; B.A. No. 6663 of 2024; High Court of Jharkhand at Ranchi; Justice Subhash Chand; decided 06-09-2024; bail application allowed; rape on promise/pretext of marriage; Mahila (Hazaribagh Sadar) P.S. Case No.15 of 2023; Sections 376, 504, 506, 313 I.P.C. (charge sheet under 376, 504, 506); victim aged 24 and major; victim aware accused was married; continued relationship after knowledge (17.10.2023); witnesses Basanti Kumari, Dinesh Kumar Bhuiyan, Laxman Oraon, Singi Devi; Judicial Magistrate 1st Class Hazaribagh; bail bond Rs. 25,000 with two sureties.

What did the court decide?

Release of the petitioner 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 Mahila (Hazaribagh Sadar) P.S. Case No.15 of 2023.

Sukhu Oraon Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner Sukhu Oraon should be released on bail in connection with Mahila (Hazaribagh Sadar) P.S. Case No.15 of 2023 registered under sections 376, 504, 506 and 313 of I.P.C.

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Court's answer

The victim is 24 years old and was a major even on the date of the first occurrence.

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Ratio / Principle

The victim had knowledge that the petitioner was married, as shown by the photograph in the petitioner's supplementary affidavit depicting the petitioner and his son in the victim's lap.

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Key takeaways

Even after coming to know in August, 2023 that the petitioner was married, the victim again established physical relations with him in her tenanted house on 17.10.2023.ratio¶12
Persons of the locality, namely Basanti Kumari, Dinesh Kumar Bhuiyan, Laxman Oraon and Singi Devi, stated that the petitioner and the victim were having love affairs, used to meet each other and lived as husband and wife.ratio¶10
In view of the above, the bail application of the petitioner is allowed; the petitioner is to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the court concerned.

Detailed headnote1 paragraphs

BAIL – Offences under Ss. 376, 504, 506 I.P.C. (FIR initially also u/S 313 I.P.C.) arising out of Mahila (Hazaribagh Sadar) P.S. Case No.15 of 2023 – Allegation of sexual exploitation on the pretext of marriage – Court noted: (i) victim, aged 24 years, was major even on the date of first occurrence; (ii) photograph in petitioner's supplementary affidavit showed she had knowledge that the petitioner was married; (iii) even after such knowledge in August 2023, she again established physical relations with the petitioner on 17.10.2023 in her tenanted house; (iv) locality witnesses (Basanti Kumari, Dinesh Kumar Bhuiyan, Laxman Oraon, Singi Devi) stated the two had love affairs and lived as husband and wife. Held: bail application allowed; petitioner to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of like amount. (Subhash Chand, J., order dated 6th September, 2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6663 of 2024

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Sukhu Oraon, aged about 34 years, S/o Atva Oraon, R/o Village Agni Saman Seva, At + P.O. + P.S. Muffasil, District Hazaribag …... Petitioner Versus

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

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioner : Mr. Mohit Prakash, Advocate Mrs. Jyoti Nayan, Advocate For the State : Mr. Gautam Rakesh, APP --------

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Order No.05 /Dated: 6^th September, 2024

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

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Mahila (Hazaribagh Sadar) P.S. Case No.15 of 2023 registered under sections 376, 504, 506 and 313 of I.P.C. Subsequently, the charge sheet was filed under Sections 376, 504 and 506 of I.P.C., pending in the court of learned Judicial Magistrate, 1^st Class, Hazaribagh.

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The FIR of this case was lodged by the victim herself with these allegations that she was studying in Graduation and while going to college she came in contact with Sukhu Oraon and the talk were exchanged over the mobile phone between the victim and the petitioner Sukhu Oraon, who had told that he was the driver in Fire Brigade at Hazaribagh. The petitioner assured that he would marry with her and since January, 2023 he had been sexually exploited her on the pretext of marriage. When she became pregnant, her pregnancy was terminated. On 01.06.2023, when once he had beaten her and the child was also aborted. On 18.08.2023, the wife of Sukhu Oraon along with her son came to Hazaribagh and when she asked to Sukhu Oraon why he had concealed this fact from her rather he criminally intimidated her and also stated that if any case was filed, her whole family will be finished. With fear, she lodged this FIR against the petitioner.

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The victim in her re-statement has also corroborated the prosecution story. She came to know in regard to this fact that he was married, on being asked from the petitioner, she was criminally intimidated by him. She also stated in her re-statement that last time forceful physical relation was established with her in her own tenanted house. This relation between the petitioner and the victim was also observed by the persons of the locality as stated by Basanti Kumari, Dinesh Kumar Bhuiyan, Laxman Oraon and Singi Devi that both were having love affairs

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and used to meet to each other and also lived as husband and wife. The victim is 24 years old even on the date of first occurrence also the victim was major one. So far as the knowledge in regard to the petitioner being married is concerned, on behalf of the petitioner supplementary affidavit has been filed and in the supplementary affidavit the photograph is also annexed, in which, the petitioner and son of the petitioner is in the lap of victim, which shows that the victim was having knowledge of this very fact. Moreover, the victim even after having come to know this fact in August, 2023, again established physical relation with the petitioner in her tenanted house on 17.10.2023.

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In view of the above, 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.

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(Subhash Chand, J.)

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Madhav/-

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Sukhu Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sukhu Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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