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2025 DAILYLAW 26501 (JHR)

TINKU MANDAL ALIAS MUKESH MANDAL ALIAS TINKU KUMAR MANDAL v. THE STATE OF JHARKHAND

B.A./8937/2024 · 2025-01-31

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8937 of 2024 Tinku Mandal @ Mukesh Mandal @ Tinku Kumar Mandal, s/o Jugal Mandal, aged 29 years, r/o Margodih, PO Ratabahiyar, PS Gandey, District Giridih. … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner: M/s. Yogesh Modi, Advocate For the State : M/s. Shweta Singh, A.P.P For the Informant: M/s. P. K. Rai, Advocate --- 03/31.01.2025 Heard the Parties. Petitioner has been made an accused in connection with S.T. No. 398/24, arising out of Giridih (Mahila) PS Case No. 01/2024, for the offence under sections 376/506 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge II, Giridih. On 30.01.2024, the petitioner on the pretext of dropping the prosecutrix home, enticed her to accompany him on his motorcycle. He took her to a forest at Madhvaadih and raped her. Learned lawyer for the petitioner submitted that prior to lodging of this case, the sister-in-law of the petitioner had instituted a case of rape against the husband of the informant. It was further submitted that this being the case, there was no occasion for the informant to have believed the petitioner and accompany him to go to her house. Learned lawyer for the informant has vehemently opposed the prayer for bail. Regard being had to the facts and circumstance of the case and considering the nature of allegation and the fact that prior to the lodging of the present FIR, the husband of the informant had been implicated in a rape case by sister- in- law of the petitioner, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Giridih in connection with S.T. No. 398/24, arising out of Giridih (Mahila) PS Case No. 01/2024. (Ambuj Nath, J.) Saurabh uploaded