IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8783 of 2010
Md. Waris .... Petitioner
Versus
The State of Jharkhand ...O.P.
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : Mr. N.K.Sinha, Advocate
For the O.P. : APP
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3/11.03.2011
The petitioner is an accused in the case registered for the offence under
section 376 of the Indian Penal Code.
Learned counsel for the petitioner submitted that the petitioner has been
falsely implicated in the case; there was consent between the parties, but when
the petitioner refused to marry the informant, a false case has been instituted
against him at the instance of her parents; petitioner is in custody since
July,2010.
Learned APP as also learned counsel for the informant submitted that
there was never any consent of the girl; she is a minor and there was no
question of giving any consent; there is direct allegation against the petitioner of
committing rape on a minor girl.
Regard being had to the nature of allegation, I am not inclined to release
the above named petitioner on bail. Accordingly, the prayer for bail of the above
named petitioner is rejected.
( Narendra Nath Tiwari, J.)
s.b.