Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 8784 of 2012 --- Manoj Singh ... Petitioner Versus The State of Jharkhand Opposite Party --- CORAM : HON'BLE MR. JUSTICE ALOK SINGH --- For the Petitioner : Mr. Arbind Kr. Choudhary, Advocate For the Opposite Party : Mr. Sudhanshu Shekhar, A.P.P. --- 02 /19.12.2012 Present Bail application is moved seeking regular bail in connection with Mohanpur P.S. Case No.92 of 2012, corresponding to G.R. No.357 of 2012 registered under Sections 341, 323, 376, 379, 504 and 34 of the Indian Penal Code. As per prosecution story, the husband of the prosecutrix was working at Delhi. The accused person, on the pretext of taking the prosecutrix to her husband, had allured her and developed physical relation with her, and thereafter, started blackmailing her after showing her naked photographs. Learned counsel for the petitioner submits that there was no false promise of marrying with the prosecutrix. The prosecutrix, taking the benefit of the absence of her husband, had developed physical relationship with the accused, and therefore, the prosecutrix was the consenting party. Therefore, no offence under Section 376 of the Indian Penal Code is made out. Considering the totality of the facts and circumstances of the case, I direct let petitioner be released on bail on furnishing personal bond and two sureties of Rs.10,000/- each to the satisfaction of the competent Judicial Magistrate, Deoghar having jurisdiction over Mohanpur police station in connection with Mohanpur P.S. Case No.92 of 2012, corresponding to G.R. No.357 of 2012. (Alok Singh, J.) R.K./ Shanant