High CourtsSingle Bench(2021) 01 JH CK 0054

Bishwa Nath Murmu @ Vishwa Nath Murmu vs State Of Jharkhand

Jharkhand High Court · Decided on 6 January 2021

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 10462 Of 2020

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Judgment

20 paragraphs · 381 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Pindrajora P.S. case no. 109 of 2020 (Special POCSO Case no. 87 of 2020) registered

under sections 448, 380, 354 of the Indian Penal Code and section 8 of POCSO Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner outraged the modesty of the minor

victim girl and took away Rs. 20,000/-. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is

further submitted by learned counsel for the petitioner that the father of the victim and mother of the petitioner are the descendants of the common

ancestor and after death of the father of the petitioner, the mother of the petitioner has settled in the house of her father along with this petitioner and

the mother of this petitioner gave Rs. 15,000/- as advance to the father of the victim and her uncle for purchasing a land in the village and to avoid

repayment of the same this, false case has been foisted. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail

custody since 13.08.2020 as mentioned in paragraph 1 of the bail application and the petitioner is ready and willing to co-operate with the trial of the

case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner.

Considering the facts of the case, the petitioner is directed to 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 Sessions Judge, 1st cum Special Judge, Bokaro in

connection with Pindrajora P.S. case no. 109 of 2020 (Special POCSO Case no. 87 of 2020) subject to the condition that the petitioner will co-operate

with the trial of the case.