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Judgment
Heard the parties.
Defects, as pointed out by the office, are ignored.
The petitioners apprehend their arrest in connection with Gawan P.S. Case No. 12 of 2020.
It has been alleged that Md. Sazid had committed rape upon the informant. When the informant informed her family members they had confronted the
family members of Md. Sazid but they have caused assault and theft of jewelry. The petitioners appear to be the parents of Md. Sazid.
In the 164 Cr.P.C. statement of the victim she has supported the occurrence and has further stated that when they approached the Mukhiya he had
taken Rs. 85,000/- for solemnizing the marriage and the nikah was also done. She has further stated that the father of Md. Sazid had taken Rs.
1,00,000/- and solemnized the marriage of his son elsewhere.
The allegation in the FIR reveals that the same is specific against Md. Sazid. So far as the petitioner no. 1 is concerned it appears that the allegations
made in the FIR had undergone a sea change in the 164 Cr.P.C. statement as certain other allegations with respect to taking money and solemnizing
marriage of Md. Sazid has been attributed to the petitioner. So far as the petitioner no. 2 is concerned the allegations are general and omnibus in
nature.
Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, the petitioners, above named,
are directed to surrender before the court below within a period of four weeks from today and in that event, they shall be enlarged on bail, on
furnishing bail bond of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge,
POCSO Act, Giridih, in connection with Gawan P.S. Case No. 12 of 2020., subject to the conditions as laid down under section 438(2) of the Code of
Criminal Procedure.
This application stands allowed.