Allowed

Rajesh Oraon v. the State of Jharkhand

Jharkhand HC5 Nov 2020A.B.A./3646/2020

Case brief

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What is this about?

Single judge granted anticipatory bail to the petitioner in a sexual offense case, directing deposit of interim victim compensation and furnishing a bail bond with sureties if arrested or surrenders within four months.

What did the court decide?

Anticipatory bail granted with conditions of depositing Rs. 2,00,000 as interim victim compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

Rajesh Oraon Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3646 of 2020

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Rajesh Oraon … Petitioner

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Versus

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The State of Jharkhand 2. Parmeshwari Kumari @ Parmi … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Mr. V. Roy, Addl. P.P. ------

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Order No.03 Dated- 05.11.2020

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Heard the parties through video conferencing.

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Though notice was served upon the opposite party no.2 yet, no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complain Case No.1341 of 2019 registered under sections 376(2) and 313 of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner on the promise of marriage established sexual relationship with the prosecutrix. It is further submitted that the allegation against the petitioner are all false and there is an inordinate delay of ten years in lodging the FIR. It is then submitted that the petitioner is ready and willing to pay Rs. 2,00,000/- as ad interim victim compensation to the complainant without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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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

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four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 2,00,000/- as ad interim victim compensation in favour of complainant 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 C.J.M., Ranchi, in connection with Complain Case No.1341 of 2019 subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the complainant and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Rajesh Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajesh Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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