Allowed

Kameshwar Kumar v. the State of Jharkhand

Jharkhand HC8 Jul 2024B.A./1001/2024

Case brief

AI extract

What is this about?

Petitioner in custody since November 2022 on charges of kidnapping and rape under IPC 366A and POCSO Sections 4/6 was granted regular bail with conditions to attend every trial date and not tamper with evidence or influence witnesses, given the nature of allegations and period of custody.

What did the court decide?

Released on bail on furnishing bail bond of Rs.25,000/- with two sureties of like amount, subject to attendance conditions.

Kameshwar Kumar Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1001 of 2024

¶2

------

¶3

Kameshwar Kumar .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

¶4

------

¶5

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶6

-----For the Petitioner : Mr. S.K. Murtty, Advocate For the State : Mr. Anup Pawan Topno, Addl.P.P

¶7

Order No.07 Dated- 08.07.2024

¶8

Heard learned counsel for the parties.

¶9

The petitioner has been made accused in connection with Dumri P.S. Case No. 135 of 2022 corresponding to POCSO Case No.18 of 2023 registered under sections 366A of Indian Penal Code and Sections 4/6 of POCSO Act.

¶10

As per FIR, allegation is that on 19.11.2022, while the informant was waiting at Dumri Chowk for returning to her house after completing his study at K.B. High School, Dumri, then the petitioner came to her on a motorcycle and offered her to drop her house. Further, the informant sat on his motorcycle but the petitioner took her to Shankardih, Nimiaghat despite of her protest and kept her in a house for two days and forcibly committed rape with her. On 22.11.2022 at 1:00 PM, the petitioner brought the victim to Dumri, in the meantime, the informant’s parents saw them then the petitioner fled away leaving behind her.

¶11

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to instance of the informant. All allegations of kidnapping and forceful rape committed upon her are entirely false and fabricated. In her statement recorded under section 164 of Cr.PC, the victim has not stated about any rape committed by the petitioner. Charge has been framed and till now, only one witness has been examined in this case. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the

¶12

conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. The petitioner is languishing in judicial custody since 24.11.2022 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

¶13

Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

¶14

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-Viii-cum Special Judge POCSO Act, Giridih in connection with Dumri P.S. Case No. 135 of 2022 corresponding to POCSO Case No.18 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

¶15

(Pradeep Kumar Srivastava, J.)

¶16

Pappu/

Kameshwar Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kameshwar Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Baban Pandit Vs the State of Jharkhand

Binod Ram And Anr. Vs The State Of Jharkhand And Anr.

Raju Malto Vs State of Jharkhand

Golden Ansari Alias MD Golden Ansari Vs the State of Jharkhand

Pankaj Mahtha Alias Pankaj Kumar Vs the State of Jharkhand

Dharmendra Singh Vs the State of Jharkhand