IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4748 of 2017
Rahul Naiyak @ Raja @ Rahul Nayak @ Raja Nayak, son of Basudeo
Naiyak, resident of vill. Chin Patratoli, PO Chainpur, PS Chainpur,
Dist. Gumla … Petitioner
The State of Jharkhand … Opposite Party
CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Nandan Prasad, Advocate
For the State : Mr. Gouri S. Prasad, A.P.P.
Heard the learned counsels appearing for the parties and
perused the documents on record.
The petitioner has been made an accused in Chainpur
P.S. Case No. 04 of 2017 which was registered for offences under
Section 377 I.P.C and Section 4/8 of Protection of Children from
Sexual Offences Act.
Submitting that opinion of the Medical Board is
apparently a farce, in as much as, 18 days after the alleged
occurrence the Medical Board has allegedly opined that possibility of
anal sex cannot be ruled out, the learned counsel for the petitioner
submits that in the First Information Report there is no allegation of
bleeding or any other complaint by the alleged victims, which throws
considerable doubt on the prosecution case of the petitioner
committing offence under Section 377 I.P.C. The petitioner is in
judicial custody since 27.02.2017 and a chargesheet has already
The learned A.P.P. relying on the opinion of the Medical
Board submits that there is direct allegation against the petitioner.
Having regard to the facts and circumstances of the case,
the petitionerabove named, namely, Rahul Naiyak @ Raja @ Rahul
Nayak @ Raja Nayak 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 the learned
Addl. Sessions JudgeI, Gumla, in connection with Chainpur P.S. Case
No. 04 of 2017 corresponding to G.R. No. 115 of 2017.
The instant application is allowed. Let a copy of this
order be transmitted to the trial Court through FAX.
(Shree Chandrashekhar, J.)