Birbal Kawar v. The State of Jharkhand
Case at a glance
Outcome
Bail granted
Let the applicant be released on bail on
Provisions considered
- Indian Penal Code, 1860 s. 376
- Code of Criminal Procedure, 1973 s. 164
Judgment
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner For the State -------- : Mr. Abhay Kumar Chaturvedy, Advocate : Mr. Tarun Kumar, A.P.P. -------- 02/ 30.06.2022 Heard learned counsel for the applicant and learned A.P.P. for the State. This bail application has been filed on behalf of the applicant–Birbal Kawar with prayer to release on bail in connection with Chainpur P.S. Case No. 08 of 2022, registered under Section 376 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate, Gumla. Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged named accused Birbal Kawar with these allegations that the informant/victim had been residing along with her lover namely Hari Nand Kawar in a tenanted house at Chainpur Prem Nagar. On 29.03.2022 brother-in-law of her lover namely Birbal Kawar came to the house and he committed rape upon her. On account of fear she could not tell in regard to occurrence to anyone. Again on 14.04.2022 Birbal Kawar came to his house and made attempt to rape her. On being alarmed, he fled away. Learned Counsel for the applicant has submitted that as per F.I.R. allegations victim was 24 years old major. She had alleged to be raped by the applicant on 29.03.2022. No report of the same was lodged with the police station. Again on
Operative part
12.04.2022 the applicant is alleged to be committed rape upon her and this F.I.R. was lodged on 18.04.2022. There is no explanation of the inordinate delay in lodging the F.I.R. Though the victim supported the prosecution version in her statement under Section 164 Cr.P.C. yet the conduct of the applicant showed that she was consenting party. The applicant has been languishing in Jail since 20.04.2022. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the victim had supported the prosecution version. In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case. P.K.S. (Subhash Chand, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the applicant be released on bail on
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 376; Code of Criminal Procedure, 1973 — s. 164.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.