Petitioner, accused of sexual offences under IPC and POCSO, sought provisional bail for his sister's marriage. The Court noted lack of specific ritual details and pending trial, declining the bail prayer.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3647 of 2018
Manoj Chauhan @ Manoj Kumar Chauhan …… Petitioner Versus
State of Jharkhand …… Opp. Party
CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : Mr. Moti Gope, A.P.P.
02/ Dated : 10 th May, 2018
Heard learned counsel appearing for the petitioner and learned A.P.P., appearing for the State.
2. Petitioner is accused in connection with Dugda P.S. Case No.27 of 2007 corresponding to G.R. No.463 of 2017, registered under Section 376(2) 1 of the Indian Penal Code and Section 6 of POCSO Act, later on charge was framed under Section 376(2)(N) of the Indian Penal Code and Section 6/12 of the POCSO Act, pending in the court of the Additional Sessions Judge-I -cum- Special Judge, Bokaro vide POCSO Case No.50 of 2017.
3. Learned counsel for the petitioner has prayed for enlarging the petitioner on provisional bail to participate in the marriage ceremony of his sister scheduled to be held on 11.05.2018.
4. It is submitted by the learned counsel that petitioner is the only brother of his sister Laxmi Kumari and some rituals are required to be performed by the brother during said marriage ceremony, therefore, the petitioner may be enlarged on provisional bail for at least 10 days. Learned counsel has also filed a certificate issued by the Mukhiya, Dugda, North Panchayat and the wedding card.
5. Learned A.P.P. has opposed the prayer.
6. Heard. It is not specified as to what specific ritual is required to be performed by the petitioner in the marriage ceremony of his sister and as per the wedding card several male members names figure in the R.S.V.P. column. From the status report received from the court below it
transpires that out of six chargesheeted witnesses three have been examined and the case is fixed on 16.05.2018 for recording of evidence of other prosecution witnesses. In the attending circumstances, no cogent reason is made out for granting provisional bail to the petitioner, accordingly, the prayer is, hereby, declined.
(Amitav K. Gupta, J.)
NKC
1 issue framed by the court
Whether provisional bail should be granted to the petitioner to participate in his sister's marriage ceremony.
Manoj Chauhan
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
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