Jharkhand High Court
Naresh Kumar Das @ Ravidas @ Rabidas vs The State Of Jharkhand ... Opposite ... on 26 November, 2021
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.10518 of 2021
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Naresh Kumar Das @ Ravidas @ Rabidas ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
[Through Video Conferencing]
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For the Petitioner : Mr. Vijay Kumar Roy, Advocate
For the State : Md. Azeemuddin, A.P.P.
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Order No.03 Dated 26th November 2021
Defects, as pointed out by the office are ignored.
Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in connection with Jamua P.S. Case No.216 of 2020, corresponding to POCSO Case No.84 of 2020, registered for the offence under Sections 366 (A)/34 of the Indian Penal Code and Section 12/16 POCSO Act.
It is submitted that the petitioner is innocent. It is submitted that allegation of enticing away the daughter of the informant is false and concocted. It is further submitted that the victim girl during her statement recorded under Section 164 Cr.P.C, has not supported the prosecution case and has stated that she herself had gone with this petitioner and she wanted to marry with this petitioner. It is further submitted that victim girl has refused for her medical examination which is mentioned at paragraph no.56 of the case diary. It is further submitted that the petitioner is in custody since 02.09.2020 and hence, he may be enlarged on bail.
On the other hand, learned A.P.P has opposed the prayer for bail and has submitted that the petitioner is named in the FIR and he has enticed away the victim girl. It is submitted that the victim is a minor girl and aged about 16 years. However, learned counsel for the state has fairly submitted that the victim girl has not supported the prosecution case and has also refused her medical examination which is mentioned paragraph no.56 of the case diary.
Perused the F.I.R, the case diary and the impugned order passed by the learned Court below and also statement of the victim girl recorded under Section 164 Cr.P.C.
It appears from the FIR that suspicion has been shown by the informant against this petitioner for enticing his daughter on 01.09.2020. From perusal of the statement of the victim girl recorded under Section 164 Cr.P.C, it would appear that she her own will had gone outside with this petitioner and wanted to marry with this petitioner. From perusal of paragraph no.17 of the case diary, it would appear that the victim girl was found by the police on the same day.
Considering the statement of the victim girl recorded under Section 164 Cr.P.C, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO in connection with Jamua P.S. Case No.216 of 2020, corresponding to POCSO Case No.84 of 2020, subject to the condition that one of the bailors must be own relative of the petitioner.
(Sanjay Prasad, J.) Raja/-