Allowed

Munchun Kumar v. the State of Jharkhand

Jharkhand HC2 Feb 2022A.B.A./324/2022

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Anil Kumar Choudhary granted anticipatory bail to petitioner Munchun Kumar apprehending arrest in Bankmore case under POCSO and IPC sections. Directions for surrender, compensation deposit, and conduct conditions were issued.

What did the court decide?

Petitioner granted anticipatory bail with conditions including deposit of Rs.20,000 as ad interim victim compensation, furnishing Rs.25,000 bond with two sureties, surrendering within four months, and

Munchun Kumar Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.324 of 2022

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Munchun Kumar

Versus

The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Sanjay Prasad, Advocate For the State : Mrs. Lily Sahay, Addl.P.P

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Order No.02 Dated- 02.02.2022

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Heard the parties through video conferencing.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after resumption of the court in physical mode.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest in connection with Bankmore P.S. Case No. 200 of 2021 (Spl. POCSO Case No.125 of 2021) instituted under Sections 354, 354(A), 345(C), 354(D)/34 of the Indian Penal Code and Section 12 of POCSO Act the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of his common intention with the co-accused person caused sexual harassment of the daughter of the informant by posting obscene messages to her. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner undertakes that he will not annoy or disturb the informant or the victim or any of their family members in any manner and further undertakes that he will not send any obscene message to the victim during the pendency of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.20,000/- without prejudice to his defence in this case to the informant. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.20,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX cum Spl. Judge (POCSO) Dhanbad in connection with Bankmore P.S. Case No. 200 of 2021 (Spl. POCSO Case No.125 of 2021) with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant or the victims or any of their family members in any manner and further undertakes that he will not send any obscene message to the victim during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.

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(Anil Kumar Choudhary, J . )

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Pappu/

Munchun Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Munchun Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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