This bail petition was filed by Harsh Kumar allegedly accused of sexual offences against a minor. The court considered the consensual nature of the relationship and victim's denial of assault, granting bail with conditions.
Petitioner released on bail with Rs. 20,000 bond and two sureties of like amount each, to appear on trial dates.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction) B.A .No. 6280 of 2022
Harsh Kumar … … Petitioner Versus
The State of Jharkhand
… … Opposite Party
CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mr. Bishambhar Shastri, APP
-------- Order No. 04 /Dated: 12th August, 2022
Heard Mr. Amit Kumar , the learned counsel for the petitioner and Mr. Bishambhar Shastri, the learned APP for the State.
Mr. Amit Kumar, the learned counsel for the petitioner submits that the accusation is emerged out of relationship between two very young persons and in fact the relationship is one consensual in nature. However in her statement under section 164 of the Cr.P.C. the alleged victim has herself expressed the voluntary nature of relationship and denied the physical assault by the petitioner. Moreover the petitioner is in custody from 02.03.2022. It is further submitted that the petitioner does not have any other criminal antecedent apart from this case and the alleged victim is currently with her parent.
Learned counsel for the State, on the other hand, has opposed the bail petition and pointed out that the case is of sexual nature against a girl aged about 15 years and therefore the offences are made under section 366A and 34 of the Indian Penal Code and section 8 and 12 of the POCSO Act.
Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on bail, on furnishing bail bond of Rs. 20,000/(rupees twenty thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Giridih in connection with Bagodar P.S. Case No. 37 of 2022, subject to the condition that petitioner shall remain present on each and every date of trial before the Court below unless dispensed with by the learned Court below.
(Ratnaker Bhengra, J.)
Sharda/
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving sexual offences against a minor under the POCSO Act and IPC.
4 provisions across 2 enactments
Harsh Kumar
State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
