High CourtsSingle Bench

X vs State Of Jharkhand

Jharkhand High Court · Decided on 28 January 2026 · Citation: (2026) 01 JH CK 1929

HON’BLE JUDGES
Gautam Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Bhartiya Nyaya Sanhita, 2023 — Section 64(2), 69, 78(2), 83, 88, 89
RESULT
Allowed
CASE NUMBER
Bail Application No. 11645 Of 2025
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Judgment

8 paragraphs · 249 words

Gautam Kumar Choudhary, J

Heard both the sides.

This bail application has been filed on behalf of the petitioner who is in custody since 10.10.2025 in connection with Doranda P.S. Case No. 299 of 2025 for the offence registered under Sections 64(2), 69, 78(2), 83, 88, 89 of the BNS pending in the Court of J.M.-XIII at Ranchi, is pressed into motion.

As per the FIR, prosecutrix is 20 years old married lady with one child. It is alleged that the petitioner on a false promise of marriage established physical relationship as a result she became pregnant then he forced her for termination of pregnancy. He also instigated her to get her divorce from her husband, but did not marry her.

It is argued by the learned counsel on behalf of petitioner that there is no allegation of force and it was all along a consensual physical relationship as per the FIR, therefore, the offence of rape will not be made out. Since the prosecutrix was a married lady, therefore, the allegation of marrying on false promise of marriage is not sustainable

Learned A.P.P. for the State assisted by the learned counsel on behalf of the informant vehemently opposed the prayer for bail.

Argument advanced on behalf of the petitioner appears to be persuasive.

Under the circumstances, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.