Kripa Dixit @ Sanjeet Kumar vs State of Jharkhand

Learned Senior counsel for the petitioner has submitted that there are defect(s) in the instant bail application, as pointed out by the Stamp reporting

dated 06.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail application may be

heard as it is a regular bail in which the petitioner is in custody since 10.02.2020.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defect within 30

days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard learned Senior counsel appearing for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is accused for offence under Sections 366A/34 of the Indian Penal Code, prays for regular bail in connection with Rehla P.S.

Case No.65 of 2019.

Learned Senior counsel for the petitioner has submitted that the victim was not recovered from the company of the petitioner rather as per statement

of the victim under Section 164 Cr.P.C. brought on record wherein she has categorically stated that she fell in love and went herself with the

petitioner. Subsequently she solemnized marriage with the petitioner and was residing as wife and husband. She has further submitted that her father

is giving threatening to the petitioner of dire consequences and if any thing is happened, the father shall be responsible for the same.

Learned Senior counsel for the petitioner has submitted that the Investigating officer has brought a letter of the Principal of the School alleging therein

the date of birth of the girl as 05.04.2003, but as per the Medical report, the victim was aged about 17-18 years Learned counsel for the petitioner has

further submitted that the petitioner is in custody since 10.02.2020 and considering the age of the victim assessed by the Medical Board with margin of

plus/minus two years which goes in favour of the petitioner, as such, the petitioner may be enlarged on regular bail.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that as per the School Register, the victim is a minor girl and

as such, statement recorded under Section 164 Cr.P.C. is of no help to the petitioner and the petitioner has been charge-sheeted under Section 366A

I.P.C. by the Police, as such, petitioner does not deserve to be enlarged on regular bail.

Considering the rival submissions of the parties particularly the statement of the victim recorded under Section 164 Cr.P.C. and age of the victim

assessed by the Medical Board, I am inclined to enlarge the petitioner [Kripa Dixit] on bail. Accordingly, the petitioner above- named, is directed to be

released on regular bail, on furnishing bail bonds of Rs.25,000/- (twenty Five thousand) with two sureties of the like amount each to the satisfaction of

learned Chief Judicial Magistrate, Palamau at Daltonganj, in connection with with Rehla P.S. Case No.65 of 2019, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Anat Kumar, S/o Satyendra Dixit R/o Village- Kala, P.O. & P.S. Rehla,

District Palamau, Jharkhand-822124 and having his UID NO.8901 5736 8201.

Office is directed to send a copy of this order along with a photocopy of the UID Card bearing No. .8901 5736 8201 of deponent to the court below so

as to verify the authenticity of the bailor/deponent.

(ii) Another bailor shall be close relatives of the petitioner i.e. father/mother/brother etc..

(iii) The petitioner shall file an affidavit before the learned trial court that he has solemnized marriage with the victim-girl and he is ready to restore

conjugal life with the victim, if the victim has no objection.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Palamau at Daltonganj is directed to medically examine the petitioner at the time of his release and if requires, petitioner shall

be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which, the trial court shall cancel the

bail bonds of the petitioner.

(vii) Petitioner shall also comply with all the guidelines issued by the Government so as to meet the challenges of Covid-19, as the country is passing

through Pandemic of Covid-19.