Jharkhand High Court
Bahadur Oraon vs State Of Jharkhand on 24 February, 2025
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 741of 2024
Bahadur Oraon, aged about 38 years, son of Late Dharma Oraon, resident of
Mauza- Garwatand, Chaingadha, P.O. Chaingadha, P.S. Patratu (Bhadaninagar),
District Ramgarh, Jharkhand --- --- Appellant
Versus
State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Ajay Kumar Sah, Advocate
For the State : Mr. Shailendra Kr. Tiwari, A.P.P.
I.A. No. 902 of 2025
02/24.02.2025 Heard learned counsel for the appellant and the learned A.P.P.
representing the State.
2. The instant interlocutory application has been filed for
suspension of sentence of the appellant by enlarging him on bail
during pendency of the instant criminal appeal, which has been
preferred against the judgment of conviction 06.09.2024 and order of
sentence dated 11.09.2024 passed in S.T. Case No. 164 of 2016 arising
out of Patratu (Bhadaninagar) P.S. Case No. 226 of 2016
corresponding to G.R. No. 938 of 2016 by the learned Additional
Sessions Judge-1- cum Special Judge, FTC, Ramgarh whereby the
appellant has been convicted for the offence punishable under Section
376 IPC and has been sentenced to undergo R.I. for 7 years and a fine
of Rs.20,000/- and a default sentence of R.I. for 2 years.
3. The learned defence counsel at the outset has submitted on
behalf of the appellant that it is a case of the prosecution that the
victim and the appellant had been in love affair with each other since
1-2 year before the alleged offence i.e., 25.11.2011. It has further been
pointed out that it is not a case either of false promise or breach of
promise of marriage by establishing physical relationship under the
pretext of marriage rather it is a case of consensual physical
relationship between both the parties for a long period of time of more
than 5 years where the victim is a major. Further, it has been pointed
out that the F.I.R has been instituted in the year 2016 when the first
day of alleged occurrence is said to have committed on 25.11.2011
and therefore, the entire allegation is false and fabricated. Further, it
has been pointed out from the deposition of the father of the victim -
P.W.6 that her father had also knowledge about the love affairs of the
victim and the appellant since last 10 years, as evident from paragraph
3 of his deposition and even then the case was not instituted earlier,
however, when the appellant refused to marry with the victim, then the
case was instituted. It is submitted that the appellant is in custody
since 06.09.2024 and since, this appeal is not likely to be taken up for
hearing in near future, the appellant deserves to be enlarged on bail by
suspending his sentence.
4. On the other hand, learned A.P.P. appearing on behalf of the
State has opposed the contentions raised by the appellant and
submitted that it is a case of establishing physical relationship
forcefully for the first time and thereafter continued for 5 years under
the promise of marriage and therefore, the learned Trial Court has
rightly convicted the appellant under Section 376 IPC and the
appellant does not deserve to be enlarged on bail.
5. Heard the parties, perused the record of the case including the
trial court record, depositions of witnesses and other exhibits.
6. In view of the persuasive submission advanced by the learned
counsel for the appellant, it is found just and proper to enlarge the
appellant on bail.
7. Accordingly, the appellant named above is directed to be released
on bail on furnishing of 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-1- cum Special Judge, FTC, Ramgarh
in connection with S.T. Case No. 164 of 2016 arising out of Patratu
(Bhadaninagar) P.S. Case No. 226 of 2016 corresponding to G.R. No.
938 of 2016.
8. I.A. No. 902 of 2025 is allowed.
(Navneet Kumar, J.)
A.Mohanty
2 Cr. Appeal (SJ) No. 741of 2024
