Petitioner sought regular bail for an alleged sexual relationship with a minor on the pretext of marriage, with a delayed FIR. The court rejected the bail prayer, noting the victim's minority made consent meaningless, but directed expeditious trial within six months with liberty to renew bail thereafter.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 748 of 2024
Rabual Shekh @ Rabiul Shekh @ Abu Tahir
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : M/s. Md. Yasir Arafat, Advocate For the State : M/s. Anuradha Sahay, A.P.P
05/07.05.2024 Heard the Parties.
Petitioner has been made an accused in connection with Barharwa P.S. Case No. 80/2018, arising out of POCSO Case No. 30/2018, Corresponding to G. R. Case No. 328/2018, registered under Sections 323/ 341/ 376/ 504/506 of the Indian Penal Code, cognizance has been taken under sections 493/376 of the Indian Penal Code, Section 04 of the POCSO Act, pending in the Court of learned Additional Sessions Judge-II, Sahibganj.
The petitioner is said to have established consensual physical relationship with the informant on the pretext of marriage. Thereafter, he refused to marry her.
It was submitted that there is delay of four months in lodging of the FIR. It was further submitted that the parents of the petitioner have also been made an accused in this case and they have been granted bail by learned court below itself.
Learned A.P.P. has opposed the prayer for bail and submitted that the victim was aged about 16 years at the time of occurrence and as such her consent for sexual relationship is meaningless.
Regard being had to the facts and circumstance of the case; I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is hereby rejected.
Learned court below shall expedite the trial and preferably conclude the same within six months from the next date
fixed for the recording of the evidence. If the trial is not concluded within the aforesaid period, the petitioner, if so, advised may renew his prayer for bail.
(Ambuj Nath, J.)
Saurabh
uploaded
1 issue framed by the court
Whether the petitioner should be enlarged on regular bail in a POCSO case involving alleged sexual relationship on pretext of marriage.
3 provisions across 2 enactments
Rabual Shekh @ Rabiul Shekh @ Abu Tahir
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
