Nabi @ Mumtaj Ansari @ Nabiya vs The State Of Jharkhand ... Opposite ... on 5 January, 2021

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Jharkhand High Court

Nabi @ Mumtaj Ansari @ Nabiya vs The State Of Jharkhand ... Opposite ... on 5 January, 2021

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       B. A. No. 10271 of 2020

                  Nabi @ Mumtaj Ansari @ Nabiya                       ...             Petitioner

                                                      Versus
                  The State of Jharkhand                       ...      Opposite Party


         Coram:       HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

             For the Petitioner                  : Mr. Sheo Kr. Singh , Adv.
             For the State                       : Mr. Sardhu Mahto , Addl. P.P.




02 / 05.01.2021

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by 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 Chainpur P.S. case no. 269 of 2020 (Special POCSO Case no. 56 of 2020) instituted under sections 366A/34 of the Indian Penal Code, section 4/8 POCSO Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner enticed away the minor victim girl-Soni Kumari for marrying her and also enticed away Choti Kumari for her marriage with Santosh. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that in the statement recorded before police, the victim girls have not stated anything to suggest that enticement was made on the part of the petitioner. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail custody since 19.07.2020 as mentioned in paragraph 11 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner 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 Exclusive Special Judge, POCSO Act, Palamau in connection with Chainpur P.S. case no. 269 of 2020 (Special POCSO Case no. 56 of 2020) subject to the condition that the petitioner will co-operate with the trial of the case.

(ANIL KUMAR CHOUDHARY, J.) Smita/-

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Jharkhand High Court