Jivachh Kumar Alias Jivach Kumar Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

Jivachh Kumar Alias Jivach Kumar Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail in connection with Special POCSO Case No.114 of 2023 arising out of Hazaribagh Sadar P.S. Case No.289 of 2023, upon furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the court of learned ADJ-III, Hazaribagh; subject to conditions under Section 439 Cr.P.C., cooperation in the trial and appearance before the court below on each date, failing which the court below may cancel the bail in accordance with law.

Issue for consideration

Whether the petitioner, an under-trial accused in Special POCSO Case No.114 of 2023 (arising out of Hazaribagh Sadar P.S. Case No.289 of 2023) registered under Section 366A IPC, deserves to be enlarged on bail at the trial stage. +1 more

Court's answer

Taking into consideration the persuasive submissions advanced on behalf of the petitioner, the court found it just and fair to enlarge the petitioner on bail.

Ratio / Principle

Petitioner 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 court of learned ADJ-III, Hazaribagh.

Key takeaways

Bail made subject to the conditions laid down under Section 439 Cr.P.C. and further subject to the condition that the petitioner will cooperate in the trial and will appear before the learned court below as required.ratio¶16
On failure to comply, appropriate order for cancellation of bail shall be passed by the learned court below in accordance with law.ratio¶16

Detailed headnote1 paragraphs

Bail Application Allowed — High Court of Jharkhand at Ranchi, B.A. No.2771 of 2024 (decided 23.08.2024, Hon'ble Mr. Justice Navneet Kumar). Jivachh Kumar @ Jivach Kumar, aged about 21 years, son of Suresh Sahani of District Samastipur (Bihar), accused in Special POCSO Case No.114 of 2023 arising out of Hazaribagh Sadar P.S. Case No.289 of 2023, registered under Section 366A of the Indian Penal Code, and in custody since 28.02.2023 with the charge framed on 28.2.2024 as per the trial court's status report, was enlarged on bail. The court, having heard counsel for both sides and weighed the petitioner's persuasive submissions — including the FIR allegation of abduction of the informant's 15-year-old daughter under pretext of marriage, reliance on the victim's Section 164 CrPC statement concerning a long-standing friendly relationship and her having reached home safely, and the remoteness of any tampering with evidence once charges stood framed — found it 'just and fair to enlarge the petitioner on bail'. Bail was fixed at a personal bond of Rs.25,000/- (two sureties of like amount) to the satisfaction of learned ADJ-III, Hazaribagh, subject to the conditions under Section 439 Cr.P.C., with an express obligation to cooperate in the trial and appear on each and every date, failing which the learned court below shall pass an appropriate order for cancellation of bail in accordance with law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2771 of 2024

Jivachh Kumar @ Jivach Kumar, aged about 21 years, son of Suresh Sahani, resident of village Kua Bithan, P.O. Hasanpur, P.S. Hasanpur, DistrictSamastipur (Bihar) ..... Petitioner

Versus

The State of Jharkhand …. Opp. Party

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioner : Mr. Akhouri Awinash Kumar, Advocate For the State : Mr. Gautam Rakesh, APP -----

7/23.08.2024 Heard learned counsel appearing for the petitioner and learned APP appearing for the State.

The petitioner is accused in connection with Special POCSO Case No.114 of 2023, arising out of Hazaribagh Sadar P.S. Case No.289 of 2023, registered under Section 366A of Indian Penal Code.

It is submitted on behalf of the petitioner that as per the allegation in the FIR is that the petitioner under the pretext of marriage had taken away the daughter of the informant, who is said to be 15 years of age.

It is submitted on behalf of the petitioner that the petitioner is in jail since 28.02.2023 and as per the status report received from the learned trial court, which is available on record, the charge in this case has been framed on 28.2.2024 and therefore the possibility of tempering the evidence is very remote.

Further it is submitted on behalf of the petitioner that it is admitted case of the prosecution as obtained from the statement of the victim recorded under section 164 of the CrPC that both the petitioner and the victim had been in the friendly relationship for a long period of time and both had gone to Gujarat and Ahmedabad and when the case was instituted, it is stated by the victim that she was reached to her home by this petitioner safely and therefore it is submitted on behalf of the petitioner that no offence as alleged under section 366A of IPC and section 4 of the POCSO Act are substantiated and therefore he deserves to be enlarged on bail.

On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and submitted that she has fully supported the case of the prosecution in her statement recorded under section 164 of the CrPC and the case is at the trial stage after framing of the charge and therefore the petitioner does not deserve to be enlarged on bail.

Heard learned counsel for the parties, perused the record of this case.

R.Kumar

Having taken into consideration the persuasive submissions advanced on behalf of the petitioner, it is found just and fair to enlarge the petitioner on bail.

Accordingly, petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the court of learned ADJ-III, Hazaribagh, in connection with Special POCSO Case No.114 of 2023, arising out of Hazaribagh Sadar P.S. Case No.289 of 2023, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the condition that the petitioner will cooperate in the trail and will appear before the learned court below on each and every date as and when required by them, failing which, appropriate order shall be passed by the learned court below for the cancellation of bail in accordance with law.

B.A. No.2771 of 2024

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