This single judge bail order in a POCSO case granted bail to the petitioner. The court noted the victim's 164 Cr.P.C. statement alleging she fled to escape a forced marriage, inclining it to release him on bail.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7847 of 2018
Pankaj Kumar..…................ Petitioner Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Anil Kumar, Advocate For the State : A.P.P.
4/12.10.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 366 of the Indian Penal Code and Sections 17 & 18 of POCSO Act.
The statement of the victim girl has been recorded under Section 164 Cr.P.C., wherein she declares her age to be 17 years. She further stated that her parents forcibly trying to marry her with other person and, therefore, to save herself from the said marriage, she fled with this petitioner.
In view of the statement of the victim, recorded under Section 164 Cr.P.C, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Pankaj Kumar is directed to 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 Additional Sessions Judge-I (Special Judge), Latehar in connection with Balumath P.S. Case No. 190 of 2017 [POCSO Case No. 35/2017].
( Ananda Sen, J )
Mukund/-cp. 3
1 issue framed by the court
Whether the petitioner is entitled to bail in a POCSO case where the victim alleges abduction to prevent a forced marriage.
Pankaj Kumar
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
