Mahtab Alam v. the State of Jharkhand
Case brief
What is this about?
High Court of Jharkhand rejected anticipatory bail application of Mehtab Alam in a POCSO case alleging forcible sexual relations with a minor victim, holding that minor consent is invalid and medical evidence supported prosecution version.
What did the court decide?
The bail application of the applicant is hereby rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4481 of 2022 Mehtab Alam …. ….. Petitioner Versus
The State of Jharkhand …. …. Opp. Party
------ CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Sabyasanchi, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P ------
6/19.07.2022 Heard learned counsel for the applicant and learned APP for
the State.
This anticipatory bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Govindpur P.S. Case No.403/2021 under Sections 376(2)(n) of the IPC and Section 4/ 6 of POCSO Act, pending in the court of learned Additional Sessions Judge-X, Dhanbad.
Learned counsel for the applicant has submitted that the FIR of this case was lodged by the victim himself with these allegations that for last 2 years the accused Mehtab Alam had been sexually exploited her on the pretext of marriage and she also conceived. On 07.11.2022, the accused called her at Dwarka City and firstly he established physical relation with her forcibly and thereafter, he snatched her mobile phone. He also dragged her on the pointing of knife and criminally intimidated her not to disclose in regard to the occurrence to anyone.
Learned counsel for the applicant has further submitted that the victim was having love affairs with the applicant and physical relation established between them consensually and her age is 16 years. The applicant has been languishing in jail since 08.11.2021.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail can be granted in a case involving forcible sexual relations with a minor under POCSO Act where the victim registered the FIR.
Whether the consent of a minor victim is valid for establishing consent in sexual exploitation case.
Whether the applicant is entitled to bail despite the forcible nature of the allegation and threat to the victim.
Parties & counsel
- applicant
Mehtab Alam
Coram
SUBHASH CHAND
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · July
- Registered
- Case no.
- B.A./4481/2022
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