High Court of Jharkhand allowed bail for the petitioner in a POCSO/IPC case involving enticement of a minor for marriage, considering the victim's recovered statement indicating voluntary involvement and absence of sexual assault allegations.
Bail allowed on furnishing bond of Rs. 25,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 9762 of 2021 Sandip Mallah @ Sandeep Mallah … … Petitioner Versus
The State of Jharkhand & anr. … … Opp. Parties
CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND
---------For the petitioner : Mr. Shailesh, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. For the informant : Mr. Sandip Kr. Burnwal, Advocate (Through V.C. )
07/ 20.01.2022 This bail application is on behalf of applicant Sandip Mallah @ Sandeep Mallah with a prayer to release him on bail in case crime being Chirkunda P.S. Case No. 121 of 2021, corresponding to Spl. (POCSO) Case No. 86 of 2021 (DistrictDhanbad), registered for the offence under Sections 363/366A/376 of the Indian Penal Code and Section 4/8 of the POCSO Act.
Learned counsel for the applicant has submitted that the First Information Report of this case was lodged by the informant against the applicant Sandip Mallah @ Sandeep Mallah in regard to enticing away his minor daughter with intent to get married with her. Learned counsel for the applicant has submitted that the victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has stated that she had accompanied the applicant on account of her own will and she lived with him at Gajipur at the house of maternal uncle of Sandip Mallah @ Sandeep Mallah. It is also stated that she got married with Sandip Mallah @ Sandeep Mallah on 11.05.2021 in a temple. Learned counsel for the applicant has submitted that as the First Information Report’s allegations, even if the victim is taken to be a minor, she had made no allegation against the applicant in regard to enticing her away or making any sexual assault with her and the applicant has been languishing in jail since 13.05.2021.
Learned counsel for the informant and learned A.P.P. have vehemently opposed the contention made by the learned counsel for the applicant and contended that the victim was minor
on the date of occurrence.
In view of the submissions made and considering the materials available on record this bail application is allowed. Let the applicant, namely, Sandip Mallah @ Sandeep Mallah, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-IX –cum- Special Judge, POCSO, Dhanbad, in connection with Chirkunda P.S. Case No. 121 of 2021, corresponding to Spl.(POCSO) P.S. Case No. 86 of 2021.
(Subhash Chand, J.)
A.K.Verma/
1 issue framed by the court
Whether the petitioner should be released on bail given the allegations of abducting a minor for marriage despite the alleged minor's voluntary companionship and lack of specific sexual assault allega
3 provisions across 3 enactments
Sandip Mallah @ Sandeep Mallah
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
