Jharkhand High Court
Md. Parwej @ Md. Parwez vs The State Of Jharkhand ... ... Opp. Party on 21 February, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 15026 of 2021
Md. Parwej @ Md. Parwez ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SUBHASH CHAND Through: Video Conferencing
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For the petitioner : Mr. Ranjit Kumar Tiwari, Advocate
For the State : Mr. V.N. Jha, A.P.P.
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04/ 21.02.2022 This bail application is on behalf of applicant Md.
Parwej @ Md. Parwez with a prayer to release him on bail in case crime being Ramgarh (Mahila) P.S. Case No. 23 of 2021 (District- Ramgarh), registered for the offence under Sections 376/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.
Learned counsel for the applicant has submitted that F.I.R. of this case was lodged by the victim herself against five named accused persons, including the applicant and as per F.I.R. version the victim has alleged to have been exploited by accused Md. Izhar Shah for last eight months and she had been working as a domestic help at the house of Tarranum Parveen where Md. Izhar Shah used to visit her house and had an evil eye upon the victim-informant. It is also submitted that Tarranum Parveen had also prepared the obscene video of the informant-victim in regard to having sexual relation with Md. Izhar Shah and Tarranum Parveen had blackmailed her and she also asked the victim to have physical relation with Md. Parwej who also established physical relation with her and husband of Tarranum Parveen, namely, Mufiz Alam also committed rape upon her and she told in regard to this occurrence to Junaid Khan, who expressed sympathy and ultimately he also established physical relation with her. It is also alleged that the victim became pregnant and told in regard to woe tale to her mother.
Learned counsel for the applicant has submitted that the applicant been falsely implicated in this case and has not committed the alleged offence and though the victim has lodged the F.I.R. and supported the prosecution story in her statement under 164 Cr.P.C., but the same is not corroborated with the medical evidence and in the F.I.R. no specific date has been given in regard to committing rape by the applicant upon the victim. It is further submitted that the applicant has been languishing in jail since 02.09.2021.
Learned A.P.P. appearing on behalf of the State has vehemently opposed the contention made by the learned counsel for the applicant and contended that victim herself lodged the F.I.R. and she was minor being 17 years old and has supported the prosecution story in her statement under Section 164 Cr.P.C.
In view of the submissions made and considering the materials available on record this bail application is allowed. Let the applicant, named above, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, at Ramgarh in connection with Ramgarh (Mahila) P.S. Case No. 23 of 2021.
(Subhash Chand, J.) A.K.Verma