High CourtsSingle Bench

Raj Kumar Sharma vs State of Jharkhand

Jharkhand High Court · Decided on 4 February 2021 · Citation: (2021) 02 JH CK 0053

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 366A, 376 · Protection of Children from Sexual Offences Act, 2012 — Section 4, 6, 8 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
Bail Application No. 388 Of 2021
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Judgment

17 paragraphs · 309 words

Heard the parties through video conferencing.

Learned senior 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 senior 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 Lower Bazar P.S. Case No.137 of 2020 registered under Sections 366A, 376/34 of the

Indian Penal Code and Section 4, 6, 8 of POCSO Act.

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

an intention to solemnize her marriage with the co-accused. It is submitted that the allegation against the petitioner is false. Drawing attention of this

Court towards the statement of the victim recorded under Section 164 Cr.P.C., learned senior counsel for the petitioner submits that therein the victim

has stated that the petitioner touched her indecently and the main allegation is against the co-accused Vipul. It is then 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 21.09.2020 which is evident from

para-17 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-IV-cum-Special Judge POCSO, Ranchi in connection with Lower Bazar P.S. Case No.137 of 2020 with the condition that he will co-

operate with the trial of the case.