Bangladesh High Court granted bail to the petitioner, an accused in a POCSO-related case, directing his release after furnishing a bail bond and two sureties, while noting conflicting views on the victim's age.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11592 of 2021
Arvind Oraon ... Petitioner
Versus
The State of Jharkhand … Opposite Party ---
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Naveen Kr. Gaunjhu, A.P.P. For the Informant : Mr. Arbind Kr. Lal, Advocate --- Order No. 02 Dated 23rd November, 2021
Heard the learned counsel appearing for the respective parties.
Defect No. 9(i), as pointed out by the office, is ignored.
The petitioner is an accused in connection with S.T. No. 83 of 2021 (Kuru P.S. Case No. 44 of 2021).
It has been alleged that the petitioner on the pretext of marriage had established physical relationship with the informant on several occasions.
Submissions have been advanced by the learned counsel for the petitioner that the victim was a major and she had consented to the sexual overtures made by the petitioner. It has further been stated that the petitioner is in custody since 22.04.2021. Learned counsel submits that the petitioner is a boy of tender age, aged about 20 years.
Mr. Arbind Kr. Lal, learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that at the time of the incident the informant was a minor and for which an application has already been preferred before the learned court below for adding the provisions of POCSO Act. It has further been submitted by referring to the First Information Report that physical intimacy was established on the assurance of petitioner to solemnize marriage with her.
It appears that the victim is a major girl and she had consented to the sexual advances made by the petitioner and on several occasions physical relationship was established. So far as the addition of the provisions of POCSO Act is concerned, an application has been filed, but no order has been passed as yet.
On consideration of the above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Lohardaga in connection with S.T. No. 83 of 2021 (Kuru P.S. Case No. 44 of 2021).
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether the petitioner can be released on bail in a case involving alleged sexual acts with a minor where the petitioner claims consent and adds age.
1 provisions across 1 enactments
Arvind Oraon
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
