Bachchoo Mahto vs State Of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioner has been made accused in connection with Rajmahal P.S. Case No. 379 of 2020 registered under sections 376 and 506 of the Indian

Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the wife of the informant.

It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is a young boy of 18 years of age. Drawing

attention of this Court, to the statement of the victim recorded under Section 161 Cr.P.C. before the police, it is submitted by the learned counsel for

the petitioner that the victim has categorically stated that on the date of the occurrence in respect of which the FIR has been registered, the petitioner

did not commit rape upon her. It is further submitted that in the medical examination of the victim, no injury was found in any part over her body or

over her private parts. It is further submitted that at best, the allegation against the petitioner makes out a case of consensual sexual relationship

between the petitioner and the wife of the informant. It is further submitted that the petitioner undertakes that he will not annoy or disturb the

informant or any of his family members in any manner during the pendency of the trial. It is then submitted that the petitioner undertakes to co-operate

with the trial of the case. It is lastly submitted that the petitioner has been in custody since 09.10.2020 as mentioned in paragraph 12 of the bail

application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty

five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rajmahal at Sahibganj in connection with Rajmahal

P.S. Case No. 379 of 2020 with the condition that he will co-operate with the trial of the case and will not annoy or disturb the informant or any of his

family members in any manner during the pendency of the trial.