Jharkhand High Court
Dipak Adhikari vs The State Of Jharkhand on 18 July, 2022
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 397 of 2022
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Dipak Adhikari. ...Appellant
Versus
The State of Jharkhand. .....Respondent
Coram: THE HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY THE HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant : Mr. Jitendra Shankar Singh, Advocate For the State : Mrs. Priya Shrestha, Special P.P.
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I.A. No. 4171 of 2022.
03/18.7.2022 Heard the parties.
This interlocutory application has been preferred by the appellant for grant of bail to him during the pendency of this appeal.
The appellant has been convicted for the offences under sections 376(2)(n), 313, 328, 420, 506 and 323 of the Indian Penal Code and the maximum sentence, which has been imposed upon him, is rigorous imprisonment for fourteen years along with a fine of Rs.10,000/- for the offence under section 376(2)(n IPC.
It has been alleged that the appellant had established physical relationship with the informant, who is a widow, on the pretext of marriage, as a result of which, she had become pregnant. The appellant is alleged to have kicked her on her abdomen resulting in her miscarriage. He had also taken Rs.3,00,000/- from her on different dates and the appellant had also administered phenol upon the victim.
The victim has been examined as P.W-6 and in her cross-examination, she has stated that after abortion, she had gone with the appellant to Haridwar and Tarapith and she had also inserted copper-T after returning from Haridwar. The evidence of P.W-6 leaves no role for doubt that she was a consenting party to the sexual overtures made by the appellant.
On consideration of the aforesaid facts, we are inclined to admit him on bail. Accordingly, the appellant, named above, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned trial court/ Special Judge ( FTC) CAW, Jamshedpur in S.T. No. 298 of 2017.
I.A. No. 4171 of 2022 stands allowed and disposed of.
( Rongon Mukhopadhyay, J) ( Ambuj Nath,J) Rakesh/-