Dismissed

Poonam Devi v. the State of Jharkhand

Jharkhand HC1 Mar 2023Cr.A(DB)/1501/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed an appeal against the refusal to grant anticipatory bail. The court declined bail due to the serious nature of allegations involving the abduction of a 14-year-old girl for marriage and the non-location of the victim, directing the Superintendent of Police to locate her.

What did the court decide?

The appeal against refusal of anticipatory bail was dismissed. The Superintendent of Police, Chatra, is directed to locate the minor victim.

Poonam Devi Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.1501 of 2022

Poonam Devi

……..…Appellant

Versus

The State of Jharkhand

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National Investigation Agency (NIA) …….Respondents.

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. A. K. Chaturvedi, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P For the N.I.A. : Mr. A. K. Das, Advocate

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06/Dated: 1^st March, 2023

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This appeal is under Section 21(4) of the National Investigation Agency Act, 2008 by which the appellant is apprehending her arrest in connection with Chatra Sadar AHTU P.S. Case No.01 of 2022 registered under Sections 370/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Chatra.

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Learned counsel appearing for the appellant has submitted that the appellant is innocent and has committed no offence as alleged in the F.I.R. and has been falsely implicated in this case. It has further been submitted that there is no specific allegation against the appellant and her culpability has been found only on the basis of hearsay statement. She is female having no concern with the alleged occurrence and the accused persons and, as such, it is a fit case where the appellant be directed to be released on anticipatory bail.

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On the other hand, Mr. Bhola Nath Ojha, learned A.P.P. has submitted that the nature of allegation against the appellant is serious as would appear from the F.I.R. and the reference made in the impugned order wherefrom, it is evident that it is a case of abduction of a minor girl aged about 14 years whose marriage was solemnized in Mahadeo Matth Mandir, Kunda with one boy, namely, Pankaj Kumar aged about 21 years resident of Uttar Pradesh.

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It has been submitted that for the purpose of solemnizing marriage with the minor girl, namely, Nitu Kumari (the victim) an amount of Rs.60,000/- was given to the appellant and Rs.20,000/- to the father of the minor girl by the accused—Pankaj Kumar.

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The submission, therefore, has been made on behalf of the State that it is not a fit case in which the privilege of anticipatory bail is fit to be granted.

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We have heard the matter on 28^th February, 2023, in pursuance thereto the Superintendent of Police, Chatra has been called to apprise this Court as to whether any steps has been taken in the light of the provisions as contained under Section 6 read with Section 10 of the NIA Act, 2008 as also considering the fact that it is a case of abduction of a minor girl aged about 14 years and as per the allegation she has been sold on consideration amount of Rs.60,000/- given to the appellant and Rs.20,000/- to the father of the minor girl by Pankaj Kumar, the boy with whom the marriage of the victim said to have been solemnized.

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Having heard the learned counsel for the parties and taking into consideration the nature of the allegation that a minor girl aged about 14 years is abducted for the purpose of solemnizing marriage with a man having age of 21 years resident of Uttar Pradesh, who in lieu thereof, has paid the amount as aforesaid, this Court is not inclined to enlarge the appellant on bail in anticipation of her arrest.

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Accordingly, the instant appeal is dismissed.

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So far as the issue about not locating the girl, the Superintendent of Police, Chatra in course of interaction with the Court, has stated that all sincere efforts will be taken within a week to locate the girl. He also stated in course of interaction that he will issue appropriate direction to the I.O./S.I.T.

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This Court, on the basis of submission, prima facie, is of the view that no serious effort is being taken by the Superintendent of Police, Chatra in order to locate the minor girl having age of 14 years who is not being traced out since the month of April, 2022. This Court, however, is not passing any remark at this stage taking into

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consideration the undertaking so furnished by the S.P., Chatra to locate the minor girl by taking all sincere efforts.

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In view thereof, the S.P., Chatra is, hereby, directed to take all sincere efforts to locate the minor girl (the victim).

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Let a copy of this order be communicated to the Director General of Police, Jharkhand for monitoring on its own level. Such monitoring is required considering the very object and intent of the POCSO Act.

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(Sujit Narayan Prasad, J.)

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(Subhash Chand, J.)

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Rohit Pandey/-

Poonam Devi v. the State of Jharkhand

Case brief

What is this about?

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Poonam Devi v. the State of Jharkhand

Case brief

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