Allowed

Alam Kerketta Alias Alma Devi v. the State of Jharkhand

Jharkhand HC14 Jan 2022B.A./12246/2021

Case brief

AI extract

What is this about?

Bail application allowed for Alma Kerketta accused of kidnapping under IPC and JJ Act. Court allowed bail despite prosecution contention that victim was minor, accepting applicant's submission that victim was major and took her for job, noting no offence was made out from victim's statement.

What did the court decide?

Release on bail furnishing bond of Rs. 20,000 with two sureties of like amount to CJM, Simdega.

Alam Kerketta Alias Alma Devi Vs the State… — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

B.A. No.12246 of 2021

¶3

Alma Kerketta @ Alma Devi ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. --------

¶4

04/14.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.

¶5

This bail application has been filed on behalf of the applicant– Alma Kerketta @ Alma Devi with prayer to release on bail in connection with A.H.T.U. P.S. Case No.02 of 2021 registered under Sections 363/370(4) of the Indian Penal Code and Sections 75 and 81 of the Juvenile Justice, Care and Protection of Children Act pending in the court of learned Chief Judicial Magistrate, Simdega.

¶6

Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant in regard to kidnapping her minor niece.

¶7

Learned counsel for the applicant has further submitted that as per F.I.R. allegations, the victim was born in the year 1997, as such on the date of alleged occurrence, the victim was major. The applicant is aunt (mausi) of the victim and she did not kidnap the girl, rather she took her for the purpose of job and the victim was recovered. It is further submitted that from the statement of the victim recorded under Section 164 Cr.P.C., no alleged offence is made out against the applicant. The applicant has been languishing in jail since 14.07.2021.

¶8

Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that victim was minor as per statement recorded under Section 164 Cr.P.C.

¶9

In view of the submission made and material 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 Chief Judicial Magistrate, Simdega in aforesaid case.

¶10

(Subhash Chand, J.)

¶11

Rohit

Alam Kerketta Alias Alma Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Alam Kerketta Alias Alma Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santosh Kumar Prajapati Vs the State of Jharkhand

Abhimanyu Kumar Singh Vs the State of Jharkhand

Ganesh Thakur Alias Ganesh Kumar Thakur Vs the State of Jharkhand

Salim Toppno Vs the State of Jharkhand

Ali Raja Alias Sonu Alias Ali Raja Khan Vs the State of Jharkhand

Milan Turi Vs the State of Jharkhand