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Ful Kumari Devi @ Fulwari Devi vs State Of Jharkhand

Jharkhand High Court · Decided on 11 January 2021 · Citation: (2021) 01 JH CK 0122

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 365, 366(A), 367, 368, 370, 372 · Inter-State Migrant Workmen (Regulation Of Employment and Conditions Of Service) Act, 1979 — Section 25, 26 · Juvenile Justice (Care and Protection Of Children) Act, 2015 — Section 75, 79
CASE NUMBER
Bail Application No. 10762 Of 2020
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Judgment

17 paragraphs · 329 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the 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 AHTU (Gumla) P.S. Case No. 01 of 2020, corresponding to POCSO Case No.10 of 2020

registered under sections 363/365/366(A)/367/368/370/372 of the Indian Penal Code and Sections 25/26 of the Interstate Migrant Workman Act and

Sections 75/79 of the Juvenile Justice Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner enticed away the minor victim girl. It is

submitted that the allegation against the petitioner is false. Drawing attention of this Court at page nos.19 to 20 of the brief, which is the copy of the

certified copy of the compromise petition filed by the parties in the court of Additional Sessions Judge-I, Gumla, learned counsel for the petitioner

submits that because of interference of villagers, this false case has been instituted against the petitioner. It is next submitted that the petitioner

undertakes to co-operate with the trial of the case. It is further submitted that the petitioner has been in custody since 19.01.2020 as mentioned in

paragraph 17 of the bail application. Hence it is submitted that the petitioner be released on bail.

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

Considering the facts of this case, the above named petitioner is directed to be enlarged 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-I, Gumla in connection with AHTU

(Gumla) P.S. Case No. 01 of 2020, corresponding to POCSO Case No.10 of 2020 with the condition that she will co-operate with the trial of the case.