High CourtsSingle Bench

Sunil Murmu vs State of Jharkhand And Ors

Jharkhand High Court · Decided on 1 February 2021 · Citation: (2021) 02 JH CK 0025

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 366(A), 376 (2n), 452 · Protection of Children from Sexual Offences Act, 2012 — Section 4
RESULT
Allowed
CASE NUMBER
Bail Application No. 12134 Of 2020
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Judgment

18 paragraphs · 369 words

Heard the parties through video conferencing.

Learned 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 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 Pathargama P.S. Case No.08 of 2020 corresponding to G.R. No.588 of 2020 (Special

POCSO Case No.20 of 2020) registered under Sections 366(A), 452/34 of the Indian Penal Code and Section 4 of POCSO Act and later on

cognizance has been taken under Section 366 (A), 376 (2-n) of the Indian Penal Code and Section 4 of POCSO Act.

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

submitted that the allegation against the petitioner is false. It is jointly submitted by the learned counsel for the petitioner and learned counsel for the

informant that the parties have settled the matter outside the court and in this respect learned counsel for both the parties draw the attention of this

Court towards page-24-25 of the brief which is the copy of the certified copy of the joint compromise petition filed by the parties in the court of

Sessions Judge-III, Godda cum Special Judge, Godda. 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 29.05.2020 which is evident from para-13 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 Special

Judge (POCSO), Godda in connection with Pathargama P.S. Case No.08 of 2020 corresponding to G.R. No.588 of 2020 (Special POCSO Case

No.20 of 2020) with the condition that he will co-operate with the trial of the case.