Amar Singh vs The State of Jharkhand

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Garhwa P.S. Case No. 05 of 2016 corresponding to G.R. No. 55 of 2016, the case registered under Sections 323, 427, 452, 385, 387, 354A and 34 of the Indian Penal Code and section ? of POCSO Act.

Learned counsel for the petitioners submitted that the main allegation is against one Rabia Bibi who has sexually exploited the minor son of the informant. The said Rabia Bibi has been granted regular bail vide order dated 19.05.2016 in B.A. No. 4212 of 2016. Learned counsel for the petitioner further submitted that petitioners are innocent and have committed no offence and have been falsely implicated in this case due to ulterior motive, as they are the near relatives of the informant and no specific overt act has been attributed against them.

Learned counsel for the O.P. No.3 submitted that he is minor and his age is 17 years only. But the said O.P.No.3 Aftab Alam in his deposition has deposed that his age is 25 years. He further admitted that on 24.02.2016 he solemnized marriage with Rabia Bibi of his own will. Learned counsel for the O.P.No. 3 submitted that Aftab Alam was taken into custody and was kept in observation home but subsequently he released on 04.10.2016.

Learned A.P.P while opposed the prayer for bail. Considering the fact and circumstances of the case, the above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Garhwa in connection with Garhwa P.S. Case No. 05 of 2016 corresponding to G.R. No. 55 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P. C. Subject to the condition that all the three petitioner shall deposit Rs.5000/- each in the court below on the date of his surrender. After deposition of the aforesaid amount, the trial court will issue notice to O.P. No.3, namely, Aftab Alam and on his appearance and on proper verification, shall release the aforesaid amount in favour of the O.P. No.3, by way of ad interim compensation. However, deposit of aforesaid amount would be subject to result of the case.