Mahabir Mahali vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Kharsawan P.S. Case No.70 of 2020 registered under sections 366A of the

Indian Penal Code and under section 8/17/18 of the POCSO Act, 2012.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner enticed away the minor victim girl to

solemnize marriage with her. It is further submitted that the allegations against the petitioner are all false. It is then submitted by the learned counsel

for the petitioner, drawing attention of this Court to annexure-2 at page nos. 16-19 of the brief which is the copy of the certified copy of the statement

of the victim recorded under section 164 Cr. P.C., that in her said statement, the victim has stated that she was in love with the petitioner and out of

her own will, she went with the petitioner to solemnize marriage in a temple. It is next submitted that the petitioner has been in custody since

31.08.2020 as has been mentioned in paragraph no. 13 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the

trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, 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 -I, Seraikella, in connection

with Kharsawan P.S. Case No.70 of 2020 with the condition that he will cooperate with the trial of the case.