Bail application in an attempted rape case after earlier rejection. The court noted that the prosecutrix had been examined and declared hostile, and granted regular bail to the petitioner on furnishing a bond with two sureties.
Petitioner released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7443 of 2024
Kundan Kumar Ray, aged about 25 yrs, S/o Late Kailash Ray @ Kailu Ray, R/o Harimagaha, P.O. & P.S.- Jamua, Dist.- Giridih.
… Petitioner
- Versus - The State of Jharkhand … Opp. Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. Shailesh Kr. Singh, Advocate : Mr. Abhijeet Kr. Singh, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. ---
0 2/23.08.2024
Heard the parties.
Petitioner has been made accused in connection with Jamua P.S. Case No. 49/2023 (S.T. No.491 of 2023) for the offences registered under sections 452, 376, 511, 379 and 506 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge-II, Giridih.
Bail application of this petitioner was earlier rejected by this Court in B.A No.8242 of 2023 by order dated 08.12.2023 with a direction to learned trial court to expedite the trial and preferably conclude the same within a period of six months from the next date fixed for recording of evidence.
On 05.02.2023 at about 11.00 pm, petitioner is said to have entered into the house of the prosecutrix and on knife point, attempted to rape her.
Learned counsel for the petitioner submitted that the prosecutrix has been examined and she has been declared hostile.
In view of submission made above, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Giridih in connection with Jamua P.S. Case No. 49/2023 (S.T. No.491 of 2023).
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Should the accused be released on bail where the earlier bail application was rejected with a direction to expedite trial and the prosecutrix has been declared hostile?
5 provisions across 1 enactments
Kundan Kumar Ray
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
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