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Judgment
9 paragraphs · 366 wordsHeard the parties.
Defects as pointed out by the office are ignored. The petitioner is apprehending his arrest in connection with Protest cum Complaint Case No. 2764 of 2019.
It has been alleged that the petitioner had molested the 10 year old daughter of the informant and had tried to commit rape upon her. Based on the aforesaid allegation, a complaint case was instituted which on being referred to the police has been registered as Paton P. S. Case No. 67 of 2019. After investigation, final form was submitted stating the allegations to be false and fabricated. On a protest petition being filed by the complainant, which has been treated as a complaint petition, cognizance was taken and petitioner was summoned to face trial.
It has been submitted by the learned counsel for the petitioner that the petitioner has been implicated on account of the fact that he does not have any male issue and the informant who is the nephew of the petitioner wants to grab his property.
Mr. Sheo Kumar Singh, learned counsel for the informant on the other hand has stated that the victim was examined as C.W. 2 and she has categorically stated about the role played by the petitioner.
As has been stated above, the allegations were found to be false by the police which resulted in submission of a final form. False implication of the petitioner on account of a land dispute cannot be ruled out. The petitioner has given a specific explanation for his implication.
Regard being had to the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner.
Accordingly, the petitioner above named is directed to surrender in the court below within four weeks and pray for bail, and in that event, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge IV cum Special Court, POCSO, Daltonganj, Palamau in connection with Protest cum Complaint Case No. 2764 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This application stands allowed.