Raj Bauri vs The State Of Jharkhand
2021 Latest Caselaw 121 Jhar

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               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (S.J.) No. 468 of 2020
              Raj Bauri                                 .... Appellant
                                      Versus
               The State of Jharkhand               .....       Respondent
                                        --------

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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              For the Appellant       :Mr. A.K. Chaturvedy, Advocate
              For the State          :Mr. Tarun Kumar, APP
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         05/Dated: 08.01.2021

               1.    The    appeal    is   directed   against   the   judgment   dated

21.05.2020 in Children Court Case No.1 of 2020, passed by learned Additional Sessions Judge Ist cum Special Judge Bokaro whereby the prayer for bail of the appellant has been rejected in connection with Chandankiyari (Bhojudih OP) P.S. Case No. 105 of 2019 registered under Section 366A IPC and Sections 4 and 12 of the POCSO Act.

2. Heard the learned counsel for the appellants and learned APP. On perusal of the statement of victim as recorded under Section 162 Cr.P.C, it appears that she has admitted that she and the appellant were having love affairs and she on her own accord had accompanied the appellant and solemnized marriage in Kali Mandir temple. Thereafter on advice of the parents of the appellant she returned home. On 15.08.2017 she went to the house of the appellant and the parents of the appellant solemnized her marriage with the appellant and at that time the police came and brought her and the appellant to the police station. Consequent thereto, the father of the victim lodged the instant case.

Having regard to the facts and circumstances of the case, the appellant is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge Ist cum Special Judge Bokaro, in connection with Chandankiyari (Bhojudih OP) P.S. Case No. 105, on the condition that one the bailors shall be his close relative/natural guardian, who shall give an undertaking (i) to ensure the good behaviour of the petitioner, (ii) he shall ensure that the juvenile petitioner does not come in contact with any anti-social element, and (iii) to produce the petitioner before the trial court as and when directed by the court below and co-operate in the trial.

3. With the aforesaid direction, the appeal is, hereby, allowed.

(AMITAV K. GUPTA, J.)

Tarun/