IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5586 of 2011
Naresh Patric Tirkey ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Pandey Ashok Nath Roy
For the State : A. P.P.
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4/26.9.2011
Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections
376/341/323/504 of the Indian Penal Code, in connection with Bero P.S. Case
no.33 of 2011, corresponding to G.R. No.2261 of 2011.
There is direct allegation against the petitioner to have sexually exploited
the victim for about four to five years due to which she became pregnant.
Learned counsel for the petitioner has submitted that petitioner has been
falsely implicated in this case. It has been submitted that this is a case of sex with
consent. In this connection learned counsel has drawn the attention of this court
towards the decision in Arjun Gupta v. State of Jharkhand, reported in 2001(2)
JLJR 382 and other cases and accordingly, prays for bail.
Learned APP opposed the prayer for bail.
In the case diary, it has come that on the date of examination of the victim,
her age was assessed to be 22 years.
There is allegation against the petitioner to have exploited the victim for
about five years, which goes back to the period when the victim was still a minor.
Even otherwise, in the facts of this case I am not inclined to release the petitioner
Naresh Patric Tirkey on bail. Accordingly, prayer for bail stands rejected.
(H. C. Mishra, J)
R.Kumar