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Judgment
7 paragraphs · 361 wordsGautam Kumar Choudhary, J
Heard learned counsel for the parties.
The petitioner named above has been made accused in connection with Mahila P.S. Case No. 01 of 2023 (Special POCSO Case No. 08 of 2023) for the offence under Sections 376, 379, 323, 506 of Indian Penal Code and Section 4, 6 of POCSO Act, pending in the court of Special Judge, POCSO, Jamshedpur.
Mother of the victim is the informant of this case and as per the FIR the victim girl came in touch with the petitioner on Instagram and thereafter they were in touch with each other on social medial platform for about a year. Social media interactions developed into love affair. Petitioner was working is Saudi Arabia and after returning from there he visited the home of victim girl and met her family members. On the day of incidence petitioner made a mobile call and met her in a park, and on the pretext of taking her to meet his family members, he took her to his house and committed rape with her.
It is submitted by learned counsel for the petitioner that as per the FIR the age of the victim is 17 years and she was approaching her adulthood. There is no document to support that she was minor at the time of incidence. As per the FIR itself, there was love affair between both side resulting in consensual physical relationship between them.
Learned counsel for the State has opposed the prayer for bail and submitted that the victim was minor and the prosecution case has been supported in her statement made under Section 164 Cr.P.C. There was no consent for sexual relationship.
Considering the facts and circumstances of the case, the petitioner, named above, is directed to be released 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 Court below. The learned Court below is directed to expedite the trial. During the pendency of the case the petitioner shall surrender his Pass Port to the Court below, and shall appear before the Court below on each and every date.