Jharkhand High Court
Sunita Ojha vs The State Of Jharkhand on 29 January, 2015
Author: H. C. Mishra
Bench: H. C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 3846 of 2014
Sunita Ojha ...... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. Umesh Kumar Choubey, Advocate
For the State : A.P.P.
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5/ 29.01.2015Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending her arrest in connection with Gumla P.S. Case No. 15 of 2014 corresponding to G.R. No. 694 of 2014, for the alleged offences under Sections 370, 371, 120-B, 376 of the Indian Penal Code, Sections 23 and 26 of the Juvenile Justice Act, Sections 4, 8 and 12 of the POCSO Act and Sections 14 and 16 of the Bounded Labour Act.
FIR was lodged by the brother of the petitioner, alleging that the petitioner and her husband had taken away the minor sister of the informant along with them and sold her.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and the victim girl has been recovered. Her statement was recorded under Section 164 of the Cr.P.C., wherein, she has not made any allegation against this petitioner. She has stated that she was being assaulted by her brother after death of her mother, whereupon, she was taken by this petitioner and her husband and she was living peacefully along with them. Subsequently, she fell in love with another person and she married with him and she is living with her husband at her in-law's place.
In the facts of this case, I am inclined to grant anticipatory bail to petitioner, Sunita Ojha. Accordingly, it is directed that in the event of her surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No. 15 of 2014 corresponding to G.R. No. 694 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
( H. C. Mishra, J.) R.Kr.