Deepak Kumar Vs State Of Jharkhand And Ors

Jharkhand High Court 14 Dec 2020 Bail Application No. 9655 Of 2020
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 9655 Of 2020

Hon'ble Bench

Anil Kumar Choudhary, J

Advocates

Sumit Prakash, Sanjay Kumar Srivastava

Final Decision

Allowed

Acts Referred

Indian Penal Code, 1860 — Section 363, 366A, 376#Protection Of Children from Sexual Offences Act, 2012 — Section 6

Judgement Text

Translate:

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 Bagbera P.S. Case No. 41 of 2020, corresponding to Special POCSO Case No.28 of 2020

registered under sections 363 and 366A of the Indian Penal Code and charge-sheet Cognizance under Sections, 363/366/376 and section 6 of POCSO

Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has enticed away the victim girl to marry her. It

is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards Annexure- 2 at page nos.17-18, which is a copy

of the certified copy of the statement recorded under Section 164 of the victim, wherein she has categorically stated that she has married the

petitioner and there is no allegation of enticement against the petitioner. It is next submitted that the petitioner undertakes to cooperate with the trial of

the case. It is further submitted that the petitioner has been in custody since 20.05.2020 as mentioned in paragraph 11 of the 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 Additional

Sessions Judge-V, Jamshedpur in connection with Bagbera P.S. Case No. 41 of 2020, corresponding to Special POCSO Case No.28 of 2020 with the

condition that he will cooperate with the trial of the case.

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