This bail application was filed by an accused person detained in jail following charges under POCSO for allegedly enticing a minor. The High Court allowed the bail application.
The applicant be released on bail on furnishing bond of Rs. 20,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10144 of 2021
Rajnikant Kumr Das @ Rajnikant Ravidas @ Rajnikant Kumar Das
..... … Petitioner
Versus
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mr. Sujit Kumar Singh, Advocate For the State : Mr. Naveen Kr. Ganjhu, A.P.P. For the Informant : Mrs. Bandana Sinha, Advocate --------
03/17.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the State and learned counsel for the informant.
This bail application has been filed on behalf of the applicant– Rajnikant Kumr Das @ Rajnikant Ravidas @ Rajnikant Kumar Das with prayer to release on bail in connection with POCSO Case No. 31 of 2021 arising out of Madhuban P.S. Case No. 29 of 2020 registered under Sections 366(A)/34 of the Indian Penal Code and Section 8/12 of POCSO Act pending in the court of learned Special Judge, POCSO Act, Giridih.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the elder sister of the victim with the allegations that his younger sister was enticed away by the applicant with intent to have illicit relationship with her. The learned counsel for the applicant has further submitted that as per F.I.R. allegations, the victim was having love affairs with the applicant and she willingly accompanied to the applicant. As per the school certificate on the date of occurrence, her age was 15 days less 18 years. In her statement under Section 164 of the Code of Criminal Procedure, the victim has stated that she was having affairs with the applicant and on the phone call of the applicant she left her house and accompanied him but she was forcibly taken to Kolkata by the applicant. There is nothing in the F.I.R. or in the statement of the victim in regard to making sexual assault by the applicant. The applicant has been languishing in jail since 21.12.2020.
Learned A.P.P. appearing on behalf of the State and learned counsel for the informant vehemently opposed the contentions made by the learned counsel for the applicant and contended that the victim was minor on the date of occurrence and she has categorically stated in her
-2-
statement under Section 164 of the Code of Criminal Procedure that she
was forcibly taken by the applicant to Kolkata.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court of learned Special Judge, POCSO Act, Giridih in aforesaid case.
(Subhash Chand, J.)
Madhav/-
1 issue framed by the court
Whether the bail application of the accused in a POCSO case arising from allegations of enticing a minor should be allowed.
2 provisions across 2 enactments
Rajnikant Kumr Das
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
