Denta Bodra @ Birendra Bodra vs The State Of Jharkhand
2021 Latest Caselaw 425 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       B. A. No. 12069 of 2020

                  Denta Bodra @ Birendra Bodra                  ...          Petitioner
                                                       Versus
                  The State of Jharkhand                        ...       Opposite Party


         Coram:       HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

             For the Petitioner                  : Mr. Gautam Kumar , Adv.
             For the State                       : Mr. Azeemuddin , Addl. P.P.




02 / 29.01.2021

Heard the parties through Video Conferencing.

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

In view of the personal undertaking given by 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 S.T. No. 251 of 2019 arising out of Sonua P.S. case no. 19 of 2019 registered under Sections 143, 323, 307, 376, 377, 316 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner trespassed to the house of the informant and committed rape upon her and also committed unnatural offences with her. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the daughter of the sister of the petitioner has lodged a case against the brother-in-law (Bhaisur) of the informant namely Rakesh Das in which, Rakesh Das has been held guilty and in this respect, learned counsel for the petitioner draws attention of the court to annexure 2/1, which is the judgment dated 21.12.2019 passed by learned Additional Sessions Judge I-cum- Special Judge, under POCSO cases, West Singhbhum, Chaibasa and in retaliation, this false case has been foisted against the petitioner. It is further submitted by learned counsel for the petitioner that the petitioner has been in judicial custody since 04.07.2019 as mentioned in paragraph 1 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner is directed to be released 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, Chaibasa in connection with S.T. No. 251 of 2019 arising out of Sonua P.S. case no. 19 of 2019 subject to the condition that the petitioner will co- operate with the trial of the case.

(ANIL KUMAR CHOUDHARY, J.) Smita/-