Dilip Roy v. Guria Kumari

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner For the State ------ : Mr. Niranjan Singh, Advocate : Mr. Bhola Nath Ojha, , A.P.P. -------- 02/07.02.2022 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– Dilip Roy with prayer to release on bail in connection with Topchanchi P.S. Case No. 69 of 2021 registered under Sections 376/506 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Dhanbad. Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant herself against the applicant-accused with the allegation that the applicant had been sexually exploiting her for last three years taking the advantage of her poverty and helplessness and he also assured to marry with her but subsequently he refused to do so. Learned Counsel for the applicant has submitted that the victim was major 22 years old and married. She was consenting party having affairs with the applicant and establishing physical relation with him. The applicant has also filed supplementary affidavit to this effect that the victim is married with Rajit Roy @ Raju Roy, S/o Aghnu Roy. The applicant has been languishing in jail since 24.06.2021. 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 in her statement under Section 164 Cr.P.C. supported the prosecution story. 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.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case. P.K.S. (Subhash Chand, J.)