Jharkhand High Court
Sanaul Ansari @ Sanu vs The State Of Jharkhand ... Opposite ... on 23 November, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5431 of 2020
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Sanaul Ansari @ Sanu ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. S. P. Roy, Adv.
For the State : Mr. Rajneesh Vardhan, Addl. P.P.
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04 /23.11.2020 Heard the parties through video conferencing.
The petitioner has been made accused in connection with POCSO Act Case No.05 of 2020 (Special Case (POCSO No.05 of 2020) arising out of Dumka (Town) P.S. Case No.263 of 2019 registered under Sections 363/366 A of the Indian Penal Code and charge-sheet submitted under Section 363/376 (2) (i) of the Indian Penal Code and Section 4 of POCO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner kidnapped the minor daughter of the informant and kept her confined in a room with an intention to marry her but upon knowing that a case has been instituted, the petitioner brought the victim to the police station. It is submitted that the allegation against the petitioner is false. It is next submitted that there is delay in lodging the F.I.R. It is also submitted that the petitioner and the victim were in good and in visiting terms and even the family members of the informant were aware of the fact and under such circumstances there is no scope for the petitioner of eloping with the victim or misbehaving with her. It is then submitted that the petitioner is ready and willing to co-operate with the trial of the case and to pay ad interim victim compensation of Rs.1,00,000/- to the informant without prejudice to his defence in this case subject to final decision of the case. It is lastly submitted that the petitioner has been in custody since 27.11.2019. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on depositing a demand draft of Rs.1,00,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the 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 Additional Sessions Judge-I-cum-Special Judge (POCSO) at Dumka in connection with POCSO Act Case No.05 of 2020 (Special Case (POCSO No.05 of 2020) arising out of Dumka (Town) P.S. Case No.263 of 2019 with the condition that he will co-operate with the trial of the case.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.
In case the petitioner pays Rs.1,00,000/- to the informant, learned court below will pass an appropriate order regarding disbursal of the same at the time of conclusion of trial.
Animesh/ (Anil Kumar Choudhary, J.)