Jharkhand High Court
Rajan Mansuri vs The State Of Jharkhand on 17 November, 2014
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision. No.1066 of 2014
Rajan Mansuri .... Petitioner
Versus
The State of Jharkhand .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr. S. Shekhar Prasad, Advocate
For the State : A.P.P
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03/Dated: 17th November, 2014
This revision is directed against the order dated
27.09.2014, passed by the learned Additional Sessions Judge - I, Palamau at Daltonganj in Criminal Appeal No.61 of 2014 whereby and whereunder the appeal preferred by the petitioner against the order dated 07.08.2014, passed by the learned I/c P.M., Palamau at Daltonganj in POSCO Case No.03 of 2014, corresponding to Chainpur P.S. Case No.50 of 2014 was dismissed.
2. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated on account of enmity; that the petitioner does not have any criminal history; that the doctor did not find any injury in or around private part of the victim girl, who is aged about 03 years, even hymen was found intact and no spermatozoa was found in the vaginal swab and in the opinion of the Doctor there was no sign of recent rape. It has further been submitted that had the rape been committed by the petitioner - juvenile, who is alleged to have been around 18 years then certainly injury would have been found on the victim said to be four years old but the absence of injury shows the falsity of the case; that the petitioner is in custody since 09.04.2013.
3. Learned counsel for the State has opposed the prayer for bail and submitted that there is direct allegation against the petitioner on having committed rape on a minor aged 04 years.
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4. Regard being had to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned I/c P.M., Palamau at Daltonganj in connection with POSCO P.S. Case No. 03 of 2014 corresponding to Chainpur P.S. Case No. 50 of 2014 on the condition that one of the bailors shall be father of the petitioner, who shall file an undertaking that he shall ensure good behaviour and supervision of the petitioner and will also ensure the attendance of the petitioner before the Probation Officer and the Board till the conclusion of the enquiry.
5. Accordingly, the revision application is hereby disposed of.
(AMITAV K. GUPTA, J.) Chandan/-