Prakash Kumar @ Prakash Kumar Yadav 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.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Simariya P.S. Case No.71 of

2020 registered under sections 376 of the Indian Penal Code and under Section 4/8 of POCSO Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner established sexual relationship against the

will of the informant with the promise of marriage but later on did not agree to marry her. It is further submitted that the allegations against the

petitioner are all false and the petitioner is a soldier of Indian Army and he has not committed such offence and talk of solemnization of marriage was

going on between the petitioner and the victim but as the petitioner did not agree to marry, hence, this false case has been foisted to pressurize the

petitioner to marry the victim. It is then submitted that the petitioner is ready and willing to pay Rs. 2,00,000/- as ad interim victim compensation to the

informant without prejudice to his defence in this case subject to final decision of the case and undertakes to cooperate with the investigation of the

case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on depositing a demand draft of Rs. 2,00,000/- as ad interim victim compensation in favour of informant and 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, Chatra, in connection with Simariya P.S. Case No.71 of 2020 with the condition that the petitioner will cooperate with the investigation of the

case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the

court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under

section 438 (2) Cr. P.C.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over

the said demand draft to her, after proper identification.

At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioner with the

informant.