High CourtsSingle Bench(2023) 12 JH CK 0045

Chandan Kumar Das @ Chandan Das vs State Of Jharkhand

Jharkhand High Court · Decided on 19 December 2023

HON’BLE JUDGES
Ambuj Nath, J
CASE NUMBER
Bail Application No. 8604 Of 2023

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Judgment

8 paragraphs · 229 words

Ambuj Nath, J

1.

Heard the parties.

2.

Petitioner has been made accused in connection with Jasidih P.S. Case No. 256/2023 for the offences registered under section 376 of the Indian Penal Code, pending in the court of learned Additional Chief Judicial Magistrate, Deoghar.

3.

On 06.06.2023, the Informant who is a lady aged about 55 years, took her son outside her house to meet the call of nature. It is alleged that the petitioner overpowered her and raped her.

4.

Mr. Arvind Kumar Choudhary, learned counsel for the petitioner, submits that the petitioner has been made accused due to the previous enmity between the parties. It was further submitted that the doctor who had medically examined the victim, has not found any injury on her person. It was finally submitted that the present case has been committed to the court of sessions.

5.

Mr. Satish Prasad, learned A.P.P has opposed the prayer for bail.

6.

Considering the nature of allegation, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail stands rejected, at this stage.

7.

Learned Trial Court shall expedite the trial of this case and preferably conclude the same within six months from the next date fixed for recording of the evidence. If trial is not concluded within the aforesaid period, petitioner, if so advised, may renew his prayer for bail.