Butru Nayak v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner For the State : M/s. Anurag Kashyap, Advocate : M/s. Nehala Sharmin, A.P.P -------- 02/ Dated 28.02.2022 Heard the parties. The petitioner has been made an accused in connection with T. Tanger P.S. Case No. 37 of 2021, G.R Case No.443 of 2021, S.T Case No.151 of 2021, for the offence under Sections 370 and 376 of the Indian Penal Code, pending in the Court of Sri Ram Bachan Singh, learned Additional Sessions Judge, Simdega. The informant is a married lady. She was deserted by her husband. She developed intimacy with the petitioner. It is alleged that informant was taken to Rourkela where she was sold to a Sardar by this petitioner. It is further alleged that on 15.07.2021, she returned to the house of this petitioner where she was raped by him. It appears that the prosecutrix was raped on 15.07.2021 whereas FIR was lodged on 10.08.2021 i.e. after 25 days of the occurrence. There is no plausible explanation for delaying institution of the FIR. Mr. Anurag Kashyap, learned counsel appearing for the petitioner has pointed out that the victim in her statement under Section 164 Cr.P.C has stated that she was having love affairs with the petitioner and on the pretext of marriage, petitioner established physical relationship with her. Regard being had to the facts of the case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of Sri Ram Bachan Singh, learned Additional Sessions Judge, Simdega, in connection with T. Tanger P.S. Case No. 37 of 2021, G.R Case No.443 of 2021, S.T Case No.151 of 2021. BS/ (Ambuj Nath, J.)