Allowed

Tuntun Kumar Gupta Alias Tuntu Prasad Gupta v. the State of Jharkhand

Jharkhand HC10 May 2024B.A./935/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of a petitioner accused in a case involving the suicide of a minor girl. The court relied on the postmortem report indicating no sign of rape and concluded the victim committed suicide. Bail was granted on furnishing a bond of Rs. 20,000 with two sureties.

What did the court decide?

The petitioner directed to be released on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount each to the Special Judge, POCSO Act, Chatra.

Tuntun Kumar Gupta Alias Tuntu Prasad Gupta… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 935 of 2024

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Tuntun Kumar Gupta @ Tuntun Prasad Gupta

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… … Petitioner

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Versus -

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The State of Jharkhand ... … Opposite Party

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------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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----For the Petitioner : M/s. Nilesh Kumar, Advocate : M/s. Ashutosh Ranjan Kumar, Advocate : M/s. Anjani Kumar, Advocate For the State : M/s. Sardhu Mahto, A.P.P For the Informant : M/s. Zaid Imam, Advocate

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05/10.05.2024 Heard the Parties.

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Petitioner has been made an accused in connection with Hunterganj P.S. Case No. 209/2023, registered under Sections 302/ 376/ 201/ 506/ 34 of the Indian Penal Code, Sections 06/12 of the POCSO Act, Section 14(1) of the Child Labour (Prohibition and Regulation) Act and charge-sheet has been submitted under sections 306/34 of the Indian Penal Code, Sections 14(1) of the Child Labour (Prohibition and Regulation) Act, Sections 3 (2) (V) of the SC/ST (Prevention of Atrocities Act) and Cognizance was taken under sections 306/34 of the Indian Penal Code, Sections 08/12 of the POCSO Act, Section 14 (1) of the Child Labour (Prohibition and Regulation) Act, Sections 3 (2) (V) of the SC/ST (Prevention of Atrocities Act), pending in the Court of learned Spl. Judge, POCSO Act, Chatra.

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The deceased who was a minor girl aged about 13 years committed suicide in the house of the petitioner. She was pursuing her studies while she was working there, when her family members saw her dead body they saw that the blood was oozing from her private parts.

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Suspicion was raised against the petitioner that he might have sexually assaulted the victim due to which she committed suicide.

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Learned A.P.P. was directed to file postmortem report of the deceased. From the perusal of which it appears that the deceased was menstruating and no sign of rape was found on her body parts. The ligature mark was also present over neck, prominent in anterior part of neck.

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It is evident from the perusal of the postmortem report and the nature of ligature mark of the deceased that she had committed suicide due to which charge-sheet has also been submitted under sections 306/34 of the Indian Penal Code.

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There is no material on the record to suggest that the deceased was raped because spermatozoa was absent in the vaginal swab.

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Learned lawyer appearing on behalf of the informant has vehemently opposed the prayer for bail of the petitioner.

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It appears that victim has committed suicide and there is no material to suggest that she was raped.

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Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, POCSO Act, Chatra in connection with Hunterganj P.S. Case No. 209/2023.

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(Ambuj Nath, J.)

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Saurabh

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Tuntun Kumar Gupta Alias Tuntu Prasad Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Tuntun Kumar Gupta Alias Tuntu Prasad Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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