IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.7560 of 2011
Suken Kumhar ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Ananda Sen
For the State : A. P.P.
-----
4/11.11.2011 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections 376/313
of the Indian Penal Code in connection with Kuchai P.S. Case no.9 of 2011,
corresponding to G.R. No. 357 of 2011.
From the FIR, it appears that the informant was in love with this petitioner
and they secretly married each other and thereafter they were living as husband
and wife. However it is alleged that the petitioner did not marry her according to
the social custom and ultimately the petitioner left her. There is also allegation
that the petitioner had caused the miscarriage of pregnancy of the informant.
From the impugned order, it appears that the age of the victim was
ascertained to be about 18 to 22 years on 7.5.2011.
In the facts and circumstances of the case, particularly in view of the fact as
is apparent from the FIR itself that the victim had married the petitioner out of her
free will and she was living the petitioner as his wife, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Suken Kumhar is directed to be
released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of like amount each to the satisfaction of learned Chief Judicial
Magistrate, Seraikella, in connection with Kuchai P.S. Case no.9 of 2011,
corresponding to G.R. No. 357 of 2011.
(H. C. Mishra, J)
R.Kumar