Raj Kumar Verma Alias Raja Vs the State of… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

Raj Kumar Verma Alias Raja Vs the State of… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted: on arrest or surrender within six weeks, release on bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, POCSO Act cases, Chatra, subject to the stated conditions and those under section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner Raj Kumar Verma @ Raja, apprehending arrest in connection with Tandwa P.S. Case No. 133 of 2020 (Sections 363, 366A IPC; Section 12 POCSO Act), should be granted the privilege of anticipatory bail.

Court's answer

Considering the aforesaid facts and circumstances of the case, the court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, POCSO Act cases, Chatra, in connection with Tandwa P.S. Case No. 133 of 2020.

Key takeaways

Release is subject to the conditions that the petitioner will not annoy or disturb the victim or the informant in any manner during pendency of the case, will co-operate with the investigation, will appear before the Investigating Officer as and when noticed, will submit mobile number and photocopy of Aadhaar card at surrender with an undertaking not to change the mobile phone number during pendency, along with the other conditions laid down under section 438(2) Cr.P.C.ratio¶12

Detailed headnote1 paragraphs

Jharkhand HC (Ranchi) — ABA No. 2017 of 2024 — Raj Kumar Verma @ Raja v. The State of Jharkhand — decided 05.07.2024 by Anil Kumar Choudhary, J. — Anticipatory bail ALLOWED. Petitioner, apprehending arrest in Tandwa P.S. Case No. 133 of 2020 (Sections 363, 366A IPC; Section 12 POCSO Act), sought anticipatory bail for the second time. Counsel produced certified copies of petitions said to have been filed by the victim and the informant, and a joint compromise petition, before Additional Sessions Judge-I-cum-Special Judge, POCSO Act cases, Chatra, asserting the case was instituted merely on suspicion after the victim (petitioner's cousin brother) went away to Ranchi without intimating anybody; petitioner undertook to co-operate with the investigation and not to annoy or disturb the victim or informant. Learned Addl. PP opposed. Considering these facts, the court granted anticipatory bail: on arrest or surrender within six weeks, petitioner to be released on a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each before the said Special Judge, subject to conditions — not to annoy or disturb the victim or informant, to co-operate with the investigation, to appear before the Investigating Officer as and when noticed, to submit mobile number and photocopy of Aadhaar card at surrender with an undertaking not to change the mobile phone number during pendency — along with the other conditions laid down under section 438(2) Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 2017 of 2024

Raj Kumar Verma @ Raja … Petitioner Versus

The State of Jharkhand … Opp. Party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Ayush Deb, Adv. Mr. K.N.Pandey, Adv. For the State : Mr. Amrita Kumari , Addl. PP

03 / 05.07.2024

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Tandwa P.S. Case No. 133 of 2020 registered for the offences punishable under Sections 363, 366A of the Indian Penal Code and Section 12 of POCSO Act..

Learned counsel appearing for the petitioner submits that this is the second journey of the petitioner with the anticipatory bail. Learned counsel for the petitioner drawing attention of the court to Annexure 1,of supplementary affidavit dated 30.04.2024 at page 5-13, which is the certified copy of the petition filed by the victim in the court of learned Additional Sessions Judge-Icum- Special Judge, POCSO Act cases, Chatra in connection with Tandwa P.S. Case No. 133 of 2020, submits that therein it has been mentioned that Tandwa P.S. Case No. 133 of 2020 has been instituted on the basis of suspicion only and the petitioner has not committed the offences alleged therein, having been committed by the petitioners. It is then submitted that the petitioner is the cousin brother of the victim. As the victim went away from her house to Ranchi without intimating anybody, hence, on the basis of the suspicion, this case has been instituted. It is next submitted that the similar petition has been filed by the informant of Tandwa P.S. Case No. 133 of 2020 in the court of learned Additional Sessions Judge -I-cumSpecial Judge, POCSO Act cases, Chatra. It is next

submitted that joint compromise petition has also been filed before learned Additional Sessions Judge-I-cumSpecial Judge, POCSO Act cases, Chatra, the certified copy of which, has also been filed. It is next submitted that because of some misunderstanding, this case was instituted. It is then submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes not to annoy or disturb the victim or the informant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall 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 Additional Sessions Judge-Icum- Special Judge, POCSO Act cases, Chatra in connection with Tandwa P.S. Case No. 133 of 2020 subject to the condition that the petitioner will not annoy or disturb the victim or the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-