Jharkhand High Court
Md. Abdul Gaffar @ Md. Gaffar Ansari vs The State Of Jharkhand ..... Opp. Party on 16 January, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8704 of 2018
Md. Abdul Gaffar @ Md. Gaffar Ansari ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
With
B.A. No. 8289 of 2018
Md. Sammuruddin Sheikh @ Sammuruddin Sheik
..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
With
B.A. No. 10158 of 2018
Prakash Mahato @ Prakash Kumar Mahato
..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Mahesh Pd. Sinha, Anuj Kr. trivedi, Kumar Nilesh, Adv..
For the State : APP
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06/Dated: 16/01/2019
All the three bail application are being heard together as arises out of same case i.e. Dhanbad Rail P.S. Case No.95 of 2018.
The petitioners have been made an accused for the offence registered under Sections 366A, 376(2)(g),34 of the IPC and Section 4 and 6 of POSCO Act.
The present case has been registered on the basis of fardbeyan given by prosecutrix A aged about 16 years, recorded by one female Police Officer on 25.07.2018 alleging therein that father and mother of the prosecutrix died and she was residing with her uncle and aunty and they used to torture and abused her so, two months ago she left the house and came to the Dhanbad Railway Station. In the meanwhile one Asha Devi came and assured her to provide a job and that lady taken her in Ranchi by bus. In fardbeyan she has stated in detailed and the victim named the persons who have committed rape upon her.
Learned counsel for the petitioners while pressing the bail application has submitted that the statement of the victim has been recorded under Section 164 of the Cr.P.C and she had not named these three petitioners. It -02- is further submitted that the charge has been framed on 03.01.2019 and the co-accused persons named not figure in the statement of the victim recorded under Section 164 of the Cr.P.C. have been granted regular bail, namely, Mukesh Kumar in B.A. No.9316/18 and Pratik Kmar @ Shami in B.A. No.8398/18 vide order dated 03.01.2019 and 06.12.2018 respectively and the case of these petitioners are stand on similar footing.
From perusal of the case diary at para-70, it appears that the victim is pregnant and confine in Hope House, Tapovan Colony, Dhanbad. At para-71 of the case diary, further appears that the Principal District and Sessions Judge, Dhanbad had given a direction to the Chief Medical Officer-cum Civil Surgeon, Dhanbad, Deputy Commissioner, Dhanbad, Superintendent of Hope House, Tapovan and Chairman, CWC, Dhanbad to provide medical facilities to the victim.
It appears that the victim immediate need of rehabilitation under Jharkhand Victim Compensation Scheme and POSCO Act.
In view of the above facts, I am inclined to enlarge the petitioners on provisional bail till 17.06.2019. Accordingly, these petitioners are directed to be released on provisional bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousands) each with two sureties of the like amount each to the satisfaction of the learned Railway Magistrate, Dhanbad, in connection with Dhanbad Rail P.S. case No. 95 of 2018, corresponding to Special POSCO Case No.94/18.
List this case on 11.03.2019. On that date all the parties are directed to remain physically present before this Court, so that in their presence possibility for framing of scheme of rehabilitation of victim may be explored.
Under such circumstances, Senior Superintendent of Police Dhanbad, is directed to ensure the presence of the victim under police protection to this Court on the -03- next date fixed i.e. on 11.03.2019, so that in presence of the parties rehabilitation scheme for victim may be explored.
Mr. Sekhar Sinha is directed to assist the Court in this matter on behalf of the State and Office is directed to reflect his name in the daily cause list on behalf of the State.
Let a copy of this order be sent to the court below and handed over to the learned APP (Mr. Sekhar Sinha) and Nodal Officer for transmission of the same to the SSP, Dhanbad for compliance.
(Anant Bijay Singh, J.) Fahim/-