Anil Kumar Choudhary, J
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ichak P.S. Case No.79 of
2023 registered under sections 363/366A/34 of the Indian Penal Code read with section 4 of the POCSO Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner enticed away the minor victim girl and
committed penetrative sexual assault. It is further submitted that the allegations against the petitioner are all false and there is absolutely no allegation
of any penetrative sexual assault nor did the victim in her statement recorded under Section 161 Cr.P.C. recorded by the police stated anything to
indicate that the petitioner has committed any penetrative sexual assault. It is then submitted that the petitioner is under the employment of Indian
Army and the petitioner has no criminal antecedent. It is next submitted that the petitioner undertakes to pay Rs.50,000/- to the victim Sapna Kumari
without prejudice to his defence in this case and also undertakes to cooperate with the investigation of the case and also undertakes that he will not
annoy or disturb Sapan Kumari or her family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner be
given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner
be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he
shall be released on bail on depositing a demand draft of Rs.50,000/- drawn in favour of Sapna Kumari without prejudice to his defence in this case
and 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
A.D.J. -III, Hazaribagh, in connection with Ichak P.S. Case No.79 of 2023 with the condition that the petitioner will cooperate with the investigation
of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card
in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will
not annoy or disturb Sapna Kumari or her family members in any manner during the pendency of the case subject to the conditions laid down under
section 438 (2) Cr. P.C.
In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the Sapna Kumari and hand over the said
demand draft to her, after proper identification.
