Jharkhand High Court
Pankaj Rai @ Pankaj Kumar vs The State Of Jharkhand on 17 October, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2886 of 2020
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Pankaj Rai @ Pankaj Kumar ... Petitioner
Versus
1. The State of Jharkhand
2. Gauri Devi ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. P.K. Choudhary, Advocate For the State : Mrs. Snehlika Bhagat, Addl. P.P.
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Order No.03 Dated- 17.10.2020 Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Godda (T) P.S. Case No.256 of 2019 (G.R. No.309 of 2020) (Spl. (POCSO) Case No.12 of 2020) registered under sections 341/323/ 354/379/504/448/34 of the Indian Penal Code and under Section 4/8/12 of POCSO Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner caught hold of the daughter of the informant and outraged her modesty. It is further submitted that the allegations against the petitioner are all false, though in her statement under Section 164 Cr.P.C., the victim has supported the case of the prosecution. It is, further, submitted that for the selfsame occurrence, from the side of the petitioner, Ramdulari Devi, wife of the co-accused has lodged an FIR basing upon which Godda (T) P.S. Case No.213 of 2019 has been registered and thereafter, this case has been instituted by the complainant in the court of C.J.M., Godda which upon being forwarded to police under Section 156 (3) Cr.P.C., this case has been registered. It is, further, submitted that the petitioner is ready and willing to pay Rs. 10,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 10,000/- as ad interim victim compensation in favour of informant and 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 Special Judge (POCSO), Godda, in connection with Godda (T) P.S. Case No.256 of 2019 (G.R. No.309 of 2020) (Spl. (POCSO) Case No.12 of 2020) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-