Raj Bauri vs State Of Jharkhand

The appeal is directed against the judgment dated 21.05.2020 in Children Court Case No.1 of 2020, passed by learned Additional Sessions Judge Ist

cum Special Judge Bokaro whereby the prayer for bail of the appellant has been rejected in connection with Chandankiyari (Bhojudih OP) P.S. Case

No. 105 of 2019 registered under Section 366A IPC and Sections 4 and 12 of the POCSO Act.

Heard the learned counsel for the appellants and learned APP. On perusal of the statement of victim as recorded under Section 162 Cr.P.C, it

appears that she has admitted that she and the appellant were having love affairs and she on her own accord had accompanied the appellant and

solemnized marriage in Kali Mandir temple. Thereafter on advice of the parents of the appellant she returned home. On 15.08.2017 she went to the

house of the appellant and the parents of the appellant solemnized her marriage with the appellant and at that time the police came and brought her

and the appellant to the police station. Consequent thereto, the father of the victim lodged the instant case.

Having regard to the facts and circumstances of the case, the appellant is directed to be released on bail on his furnishing bail bond of Rs.10,000/-

(Rupees Ten thousand only) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge Ist cum Special Judge

Bokaro, in connection with Chandankiyari (Bhojudih OP) P.S. Case No. 105, on the condition that one the bailors shall be his close relative/natural

guardian, who shall give an undertaking (i) to ensure the good behaviour of the petitioner, (ii) he shall ensure that the juvenile petitioner does not come

in contact with any anti-social element, and (iii) to produce the petitioner before the trial court as and when directed by the court below and co-operate

in the trial.

With the aforesaid direction, the appeal is, hereby, allowed.