High CourtsSingle Bench

Pradyumn Murmu vs State of Jharkhand

Jharkhand High Court · Decided on 14 January 2021 · Citation: (2021) 01 JH CK 0162

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 366(A), 376 · Protection of Children from Sexual Offences Act, 2012 — Section 4 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
Bail Application No. 11062 Of 2020
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Judgment

16 paragraphs · 323 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 Palajori P.S. Case No.22 of 2020 corresponding to POCSO Case No.21 of 2020 registered

under sections 366 (A) and 376 of the Indian Penal Code and Section 4 of POCSO Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has enticed away the minor victim girl and

committed rape upon her. It is submitted that the allegation against the petitioner is false. It is next submitted that the doctor has not found any injury

on the private parts of the victim girl and has opined that no definite opinion can be given whether rape was committed or not though in her statement

recorded under Section 164 Cr.P.C., the victim has stated that the petitioner committed wrong act with her. It is next submitted that the petitioner

undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 24.04.2020 which is evident from

para-1 of the instant 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-III, Deoghar in connection with

Palajori P.S. Case No.22 of 2020 corresponding to POCSO Case No.21 of 2020 with the condition that he will co-operate with the trial of the case.