Extracted from the PDF above. The PDF is authoritative.
[ 2025:JHHC:12940]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3437 of 2025
Amit Kumar, aged about 35 years, son of Brahmadeo Roy, resident of Neem Gali, Magardahi, P.O. and P.S. Samastipur, District Samastipur, Bihar.
… Petitioner
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. N.K.Chatterjee , Adv. Mr. Shiv Prasad , Adv. Mr. Arvind Prakash Malakar , Adv. For the State : Mr. Pankaj Kumar, PP
02 / 30.04.2025 Heard the parties. The petitioner has been made accused in connection with Gonda P.S. Case No. 23 of 2025 instituted for the offences punishable under Sections 376(1) of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the informant on the promise of marriage. It is submitted that the allegation against the petitioner is false and prior to the occurrence, both the petitioner and the victim were known to each other and they used to meet in parks, restaurants and other places. It is next submitted that the first occurrence of rape took place on 14.02.2021 but the FIR was lodged on 07.02.2025. It is further submitted by learned counsel for the petitioner that both the petitioner and the victim are admittedly major persons and the victim claims to have solemnized marriage with the petitioner in a temple at Puri. It is next submitted that the petitioner has been in jail custody since 09.03.2025, as mentioned in para 1 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to
co-operate with the trial of the case and undertakes not to annoy or disturb the informant or the other witness of the case in any manner during trial of the case hence, the petitioner may be admitted to bail. Learned Addl. P.P. opposed the prayer for regular bail . Considering submissions of learned counsels and the facts as stated above, I am inclined to release the petitioner on bail. Hence, the court below is directed to release the petitioner 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 JM, Ranchi in connection with Gonda P.S. Case No. 23 of 2025 with the condition that the petitioner will not annoy or disturb the informant or the other witness of the case in any manner during trial of the case and will co-operate with the trial of the case and will furnish mobile phone number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change the mobile phone number during the trial of the case.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-