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Nirmal Singh Alias Nirmal Kumar Singh v. the State of Jharkhand

Jharkhand HC2 Sept 2024B.A./7474/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to the petitioner accused under Section 376 IPC, Section 4 POCSO Act, and Section 504 IPC. The court was persuaded by the submission that the accused was ready to cooperate in the trial.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the trial court.

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

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7474 of 2024

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Nirmal Singh @ Nirmal Kumar Singh aged about 25 years son of Ashok Singh resident of village Nurutola, Lotharwa, P.O and Police Station- Panki, District- Palamau --- --- Petitioner

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Versus

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The State of Jharkhand --- --- Opposite Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners : Mr. Abhay Kumar Chaturvedy, Advocate For the State : Mr. Anup Pawan Topno, A.P.P.

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04/02.09.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

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Petitioner is an accused in connection with Panki P.S. Case No. 74 of 2024 for the offence registered under Section 376(1), 504, 506/34 of the IPC and Section 4 of the POCSO Act, pending in the court of learned Exclusive Special Judge, POCSO Act, Palamau at Daltonganj.

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It is submitted on behalf of the petitioner that the gist of allegation as narrated in the F.I.R is that the petitioner under the pretext of marriage had been establishing physical relationship with the victim who is said to be minor aged 17 years. It is submitted on behalf of the petitioner that the victim is a major woman and as per prosecution case she had been voluntarily and willingly indulging in physical relationship with the petitioner since last three years under the pretext of marriage and, therefore, no offence either under Section 376 of the IPC or under Section 4 of the POCSO Act is made out. Further, it is submitted that petitioner is in custody since 24.06.2024 and he is ready to cooperate in the trial.

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On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner and submitted that the victim was minor and therefore, petitioner does not deserve to be enlarged on bail.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

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A.Mohanty

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Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge POCSO Act, Palamau at Daltonganj in connection with Panki P.S. Case No. 74 of 2024, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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Nirmal Singh Alias Nirmal Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nirmal Singh Alias Nirmal Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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