High CourtsSingle Bench

Manoj Kumar Mehta vs State Of Jharkhand

Jharkhand High Court · Decided on 2 September 2020 · Citation: (2020) 09 JH CK 0014

HON’BLE JUDGES
Ananda Sen, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 341, 366A, 376, 506 · Protection Of Children from Sexual Offences Act, 2012 — Section 4
CASE NUMBER
Bail Application No. 5509 Of 2020
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Judgment

7 paragraphs · 285 words

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11:00 A.M. They have no complaint in respect of the audio and video clarity and quality.

The defect(s) as pointed out by the office is ignored for the present. Heard the counsel for the parties.

The petitioner is an accused for the offence punishable under Section(s) 341, 366A, 376 and 506 of the Indian Penal Code and Section 4 of the POCSO Act.

From the FIR, it is quite clear that there was love affair between the parties and on the assurance of marriage, physical relationship was established. A Panchayati was held, in which one week time was given to the petitioner for solemnizing marriage with the informant, but the petitioner and his father have not taken any steps.

Learned A.P.P opposes the prayer for bail of the petitioner. In view of the aforesaid facts, I am inclined to release the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge -cum- Special Judge, POCSO Act, Hazaribagh in connection with Barhi P.S. Case No. 35/2019.

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in COVID-19 Centre by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.