Badal Paswan vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioner as well as the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Godda (Muffasil) P.S. Case No.84 of 2023, for the offence registered under sections 366-A, 417, 376(2)(n) of the IPC and section 6 of POCSO Act, pending in the court of learned Additional District and Sessions Judge-1st Cum Special Judge (POCSO), Godda.

Learned counsel for the petitioner submits that now the marriage has been solemnized between the petitioner and the victim. He submits that in view of that privilege of anticipatory bail may kindly be provided to the petitioner.

Learned State counsel opposed the prayer on the ground that POCSO Act is also there in the present case.

Learned counsel for the informant submits that the informant who is mother of the victim has stated that marriage has been solemnized with consent of the parents of girl and the boy.

Considering that the marriage has been solemnized with consent of both the sides, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional District and Sessions Judge-1st Cum Special Judge (POCSO), Godda, in connection with Godda (Muffasil) P.S. Case No.84 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.