Dilip Kumar vs State of Jharkhand

Heard the parties through video conferencing.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lesliganj P.S. Case No.145 of 2018 registered under sections 365/376/ 406/420/34 of the Indian Penal Code and under section 4 of the POCSO Act.

The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim girl after abducting her. It is further submitted that the allegations against the petitioner are all false. It is then submitted by the learned Senior Advocate appearing for the petitioner that the victim in her statement recorded under section 164 Cr.P.C. has categorically stated that she was a major lady and she was in love with the petitioner, hence she went with the petitioner to Punjab and now the petitioner and the victim are married to separate persons and the victim does not want to proceed with the case. It is then submitted by the learned Senior Advocate appearing for the petitioner, drawing attention of this Court to annexure-2 at page nos. 24-26 of the brief which is the copy of the certified copy of the joint compromise petition filed by the parties in the court of learned Additional Sessions Judge-IV-cum-Special Judge (POCSO Act), Palamau at Daltonganj, that the parties has stated therein that they have settled the matter outside the court. It is next submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he 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 Special Judge (POCSO), Palamau at Daltonganj, in connection with Lesliganj P.S. Case No.145 of 2018 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.