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Daman Singh Vs. the State of Jharkhand

Daman Singh vs The State of Jharkhand

Type Court Judgment Court Jharkhand Decided Sep 23, 2013
~2 min read
https://sooperkanoon.com/case/1086409

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Citation
Court
Jharkhand High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Daman Singh

Respondent

The State of Jharkhand

Excerpt

in the high court of jharkhand at ranchi b. a. no. 7226 of 2013 daman singh …… petitioner versus the state of jharkhand …… opposite party --------- coram: hon'ble mr. justice amitav k. gupta --------- for the petitioner : mrs. vandana singh, advocate for the state : a.p.p. --------- 03/dated:23. d september, 2013 the petitioner has been made an accused for the offence registered under sections 376 of the indian penal code. heard learned counsel for the petitioner and learned counsel for the state. learned counsel for the petitioner has submitted that from perusal of the f.i.r. and the statement of the prosecutrix made under section 164 of the cr.p.c, it appears that she is a major girl and she is aged about 18 years. there is no allegation of forcible intercourse or rape the allegation is that on the pretext of marrying her, the petitioner had sexual relationship with her for a period of time and when she became pregnant, she disclosed this fact to the petitioner and asked him to marry her and on his refusal this case has been lodged. learned a.p.p while opposing the bail of the petitioner, has not controverted the submissions advanced by the petitioner's counsel and he has stated that the girl is major. in the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of additional chief judicial magistrate, bermo at tenughat in connection with bermo p.s. case no. 108 of 2013 corresponding to g.r. no. 678 of 2013. (amitav k. gupta, j.) satayendra/-

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7226 of 2013 Daman Singh …… Petitioner Versus The State of Jharkhand …… Opposite Party --------- CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : Mrs. Vandana Singh, Advocate For the State : A.P.P. --------- 03/Dated:

23. d September, 2013 The petitioner has been made an accused for the offence registered under Sections 376 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has submitted that from perusal of the F.I.R. and the statement of the prosecutrix made under Section 164 of the Cr.P.C, it appears that she is a major girl and she is aged about 18 years. There is no allegation of forcible intercourse or rape the allegation is that on the pretext of marrying her, the petitioner had sexual relationship with her for a period of time and when she became pregnant, she disclosed this fact to the petitioner and asked him to marry her and on his refusal this case has been lodged. Learned A.P.P while opposing the bail of the petitioner, has not controverted the submissions advanced by the petitioner's counsel and he has stated that the girl is major. In the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bermo at Tenughat in connection with Bermo P.S. Case No. 108 of 2013 corresponding to G.R. No. 678 of 2013. (Amitav K. Gupta, J.) Satayendra/-

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