Raja Kumar Yadav vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Aashish Kumar. Learned counsel for the petitioner has submitted that defect nos. 9 (i) to 9(iii), as per

Stamp Reporting dated 10.07.2020, have not been removed, which he undertakes to remove within 30 days after the lock down period is over and the

bail application may be heard, as it is a regular bail application of the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Mahagama P.S. Case No.

212/2019 corresponding to G.R. No. 226/2020 arising out of Special (POCSO) Case No. 06/2020 for the offence registered under Sections 366A/34

I.P.C.

Learned counsel for the petitioner has submitted that it is alleged by the informant that his daughter aged about 13 years was missing on 09.12.2019,

but the F.I.R. has been lodged after 18 days on 26.12.2019.

Learned counsel for the petitioner has submitted that the victim is a major girl. She is in love with the petitioner and having knowledge, she

surrendered before the court below and her statement has been recorded under Section 164 Cr.P.C. on 17.01.2020, where she has categorically

stated that she is in love and affection with the petitioner with whom she married at Delhi and live as husband and wife as she was not interested in

getting marriage solemnized with other person fixed by the family member of the informant. After having knowledge of the case, the victim came and

the petitioner surrendered before the Court.

Learned counsel for the petitioner has further submitted that in the medical evidence, the age of the victim is assessed to be 17 years, as such 2 years

± may be given in favour of the petitioner and petitioner is in custody since 16.01.2020, as such, he may be enlarged on bail.

Learned counsel for the State, Mr. Shiv Shankar Kumar, Additional Public Prosecutor has opposed the prayer for bail and has submitted that

petitioner is minor, as such, her statement may not be taken note of.

Considering the rival submissions of the parties as well as statement of the victim recorded under Section 164 Cr.P.C., the petitioner is directed to be

released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with

Mahagama P.S. Case No. 212/2019 corresponding to G.R. No. 226/2020 arising out of Special (POCSO) Case No. 06/2020 to the satisfaction of

learned Additional Sessions Judge-III-cum-Special Judge (POCSO), Godda on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Narsingh Prasad Mirdha, son of Nand Kishore Mirdha, resident of

Village - Amarpur, Godda Pathra, P.O. & P.S. - Godda, District - Godda, who has furnished photocopy of his UID Card bearing number 6497 5382

9258 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 6497 5382 9258 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / wife / brother.

(iii) Petitioner shall appear before the learned trial court on each and every date fixed for his personal appearance, failing which the trial court shall

cancel the bail bonds of the petitioner.

(iv) The petitioner shall file an affidavit before the learned trial court that he has solemnized marriage with the victim Ruchi Kumari and he will restore

his conjugal life with victim, if victim has no objection.

(v) The Jail Authority shall release the petitioner only after his medical check-up.

(vi) The Civil Surgeon, Godda is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall

be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vii) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.