SANTOSH KUMAR BESRA ALIAS SANTOSH BESRA v. THE STATE OF JHARKHAND
A.B.A./4973/2024 · 2025-04-23
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20939 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20939 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4973 of 2024
Shantosh Kumar Besra @ Santosh Besra, S/o Sakaldev Besra, R/o Village- Gairbanna, PO Haripur Gairbanna, PS Godda (Muffasil) District Godda
….. Petitioner(s). Versus The State of Jharkhand
….. Opposite Party
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CORAM :
SRI ANANDA SEN, J.
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For the petitioner(s) : Mr. Manoj Kumar Sah, Advocate
For the State : Mr. V.S. Sahay, APP
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02/23.04.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 482 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in a criminal case registered for the offences punishable under sections 376(2)(n), 323 and 313 of the Indian Penal Code, in connection with Poraiyahat PS Case No. 171 of 2023, pending in the court of learned SDJM, Godda
2. Heard the learned counsel for the petitioner and the learned counsel for the State. 3. The learned APP opposes for prayer for anticipatory bail. 4. It is alleged that the petitioner and the informant became friends through Facebook and intimacy developed between them. It is further stated that the petitioner has committed rape upon the informant on the pretext of marriage. During course of arguments the learned counsel for the informant and the petitioner both submitted that they are married and residing in the same house. 5. Admittedly, from their arguments it is also clear that both the petitioner and the informant are major. Petitioner is aged about 29 years and the informant is aged about 28 years. 6. Considering the age of the parties and the facts that they are now living together in the same house, I am inclined to release this petitioner on anticipatory bail. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event
2025:JHHC:12013
of her surrender/arrest the learned court below is directed to enlarge her on bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned learned SDJM, Godda, in connection with connection with Poraiyahat PS Case No. 171 of 2023, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property. (ANANDA SEN, J. )
KNR/