Sumitra Angaria @ Sumitra Angria vs The State Of Jharkhand
2021 Latest Caselaw 368 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    B.A. No.11684 of 2020

                 Sumitra Angaria @ Sumitra Angria           ...             Petitioner
                                           Versus
                 The State of Jharkhand                 ...         Opposite Party

         Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

         For the Petitioner         : Mr. Birat Kumar, Adv.
         For the State              : Mrs. Lily Sahay, Addl. P.P.

02 /25.01.2021

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has been made accused in connection with Session Trial No.251 of 2019 arising out of Sonua P.S. Case No. 19 of 2019 registered under sections 143, 323, 307,376,377 and 316 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the brother of the petitioner has committed rape upon the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that in her statement recorded under Section 164 Cr.P.C., the contents of which has been mentioned in para 27 of the case diary, the victim has not attributed any wrong having been committed by the petitioner. It is further submitted that the daughter of the petitioner has instituted Sonua P.S. Case No. 03 of 2019 against the brother-in-law of the informant namely Rakesh Das and for having committed offences punishable under Section 376(3) of I.P.C. and in which the brother of the victim has been convicted and in this respect, the learned counsel for the petitioner draws attention of this Court towards Anneuxre-2 at page nos.25-68 of the brief, which is the copy of the certified copy of the judgment of conviction of the said Rakesh Das. It is further submitted that because of the same, the petitioner has falsely been implicated in this case. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 24.02.2020 as mentioned in paragraph 1 of the bail application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Additional Sessions Judge-IV, West Singhbhum at Chaibasa in connection with Session Trial No.251 of 2019 arising out of Sonua P.S. Case No. 19 of 2019 with the condition that she will co-operate with the trial of the case.

Pappu/                           (Anil Kumar Choudhary, J.)