Hon'ble Single Bench allowed bail to the petitioner accused under Special POCSO Case No. 25 of 2020, releasing him on Rs. 10,000 bond with two sureties, noting the victim's statement tailed off from the FIR allegations.
Petitioner released on bail in Special POCSO Case No. 25 of 2020 on bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8655 of 2020
Bholanath @ Bholanath Singh ... … Petitioner
Versus
The State of Jharkhand ... … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing
For the Petitioner : Mr. D.K. Karmakar, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P.
02/10.11.2020 Heard Mr. D.K. Karmakar, learned counsel for the petitioner and Mr. Rajneesh Vardhan, learned A.P.P. for the State.
So far as defect no. 5(e) is concerned, learned counsel for the petitioner undertakes to remove the same once the situation normalizes. As regards, the rest defects are concerned, the same are ignored.
The petitioner is an accused in connection with Special (POCSO) Case No. 25 of 2020, arising out of Patamda P.S. Case No. 13 of 2020.
The petitioner is alleged to have committed rape upon the daughter of the informant.
In the 164 Cr.P.C. statement of the victim she has alleged that the petitioner was using force against her and when she raised alarm the accused persons had fled away.
The 164 Cr.P.C. statement of the victim therefore tones down to a great extent the allegations levelled in the First Information Report. The petitioner is in custody since 15.05.2020.
Regard being had to the above, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-V, Jamshedpur in connection with Special (POCSO) Case No. 25 of 2020, arising out of Patamda P.S. Case No. 13 of 2020.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether the petitioner accused under POCSO should be granted bail considering the discrepancy in the victim's 164 Cr.P.C. statement compared to the FIR.
Bholanath @ Bholanath Singh
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
