Ravi Kumar Bhuiyan Alias Abhishek Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Ravi Kumar Bhuiyan Alias Abhishek Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Special Judge POCSO-cum-Additional Sessions Judge-I, Chatra, subject to cooperation in the pending criminal proceeding and presence on each trial date, failing which bail may be cancelled by the court below as per law.

Issue for consideration

Whether the petitioner, an accused in Tandwa P.S. Case No. 253 of 2023 (POCSO Case No.7 of 2024, s.366A IPC) alleged to have kidnapped a minor girl (aged about 16 years) by alluring her from her house, deserves to be enlarged on bail. +1 more

Court's answer

The grant of bail rested on the forcefulness of the petitioner's submissions and the facts and circumstances of the case.

Ratio / Principle

The petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Special Judge POCSO-cum-Additional Sessions Judge-I, Chatra, in connection with Tandwa P.S. Case No. 253 of 2023 / POCSO Case No.7 of 2024.

Key takeaways

Bail was made subject to the petitioner cooperating in the pending criminal proceeding and remaining present on each and every date of the trial, failing which the court below is to pass an appropriate order for cancellation of bail as per law.ratio¶16

Detailed headnote1 paragraphs

Bail – S.366A IPC – accused of kidnapping a minor girl (aged about 16 years) by alluring her from her house (Tandwa P.S. Case No. 253 of 2023 / POCSO Case No.7 of 2024, before Special Judge POCSO-cum-Additional Sessions Judge-I, Chatra) – victim's s.164 CrPC statement did not support the prosecution case; she stated she had gone willingly and voluntarily by bus and was not taken away or enticed by the petitioner – A.P.P. did not controvert this – petitioner in custody since 31.10.2023 – charge-sheet filed, tampering feared remote – bail granted on bond of Rs. 25,000/- with two like sureties, conditioned on cooperation and attendance on every trial date, failing which cancellation as per law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2724 of 2024

Ravi Kumar Bhuiyan @ Abhishek Kumar Versus

... … Petitioner

The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

-----For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Gautam Rakesh, A.P.P.

Order No. 03 / Dated 05^th September, 2024

Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

The petitioner is an accused in connection with Tandwa P.S. Case No. 253 of 2023 dated 29.10.2023 corresponding to POCSO Case No.7 of 2024, registered under Section 366A of the Indian Penal Code, pending in the Court of Learned Special Judge POCSO-cum-Additional Sessions Judge-I, Chatra.

It is submitted on behalf of the petitioner that as per the allegation set out in the F.I.R., the petitioner is alleged to have kidnapped by alluring the victim from her house. It is submitted on behalf of the petitioner that the informant who is father of the victim only on suspicion has named this petitioner in the commission of the offence under the pretext that the petitioner used to talk with his daughter. The entire case of the prosecution gets falsified by categorical statement of the victim recorded under Section 164 of the Cr.P.C. by which the victim has not supported the case of the prosecution at all and she has categorically stated that she had gone willingly and voluntarily by bus and this petitioner has not taken her away or enticed her. It has further been submitted that the petitioner is in jail since 31.10.2023. Charge-sheet in this case has been submitted and therefore, possibility of tampering the evidence is very remote and thus the petitioner deserves to be enlarged on bail.

On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and

submitted that it is a case of kidnapping of a minor girl aged about 16 years but he did not controvert this fact that the victim girl has not supported the case of the prosecution as evident from the statement recorded under Section 164 Cr.P.C .

Having heard the parties, perused the records of this case.

In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged 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 the Court of Learned Special Judge POCSO-cumAdditional Sessions Judge-I, Chatra, in connection with Tandwa P.S. Case No. 253 of 2023 dated 29.10.2023 corresponding to POCSO Case No.7 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

(Navneet Kumar, J.)

Basant/S. Das

2 B.A. No.2724 of 2024