Jharkhand High Court
Narayan Kumar vs The State Of Jharkhand on 6 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6171 of 2021
------
Narayan Kumar ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. D.K. Chakraverty, Advocate
For the State : Mrs. Anuradha Sahay, Addl. P.P.
------
Order No.02 Dated- 06.09.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to
remove the defects as pointed out by the stamp reporter within
two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for
the petitioner, the defects pointed out by the stamp reporter are
ignored for the present.
Apprehending his arrest, the petitioner has moved this Court
for grant of privilege of anticipatory bail in connection with Penk
Narayanpur P.S. Case No.47 of 2018 registered under sections
366A/376 of the Indian Penal Code and under Section 8/12 of
POCSO Act.
The Learned counsel for the petitioner submits that the co-
accused persons have enticed away the minor victim girl and
committed rape upon her on the pretext of taking her to Bombay
and the allegation against the petitioner is that the petitioner is the
owner of the Scorpio vehicle in which the said victim was taken. It
is further submitted that the allegations against the petitioner are
all false and though the FIR of this case was registered on
15.08.2018 but the vehicle in question was transferred to the name
of the petitioner on 16.09.2018 that is after the date of occurrence
and in this respect, learned counsel for the petitioner draws the
attention of this Court to the copy of the vehicle particulars sent by
the learned counsel for the petitioner through e-mail to the court
master of this Court. It is next submitted that the co-accused
persons after trial has been acquitted by the learned trial court vide
Judgment dated 11.04.2019 passed in Special POCSO Case No.90 of
2018 consequent upon the alleged victims not supporting the case
of the prosecution. It is then submitted that the petitioner is ready
and willing to cooperate with the trial of the case. Hence, it is
submitted that the petitioner be given the privilege of anticipatory
bail.
Learned Addl. P.P. opposes the prayer for grant of
anticipatory bail.
Considering the submissions of the counsels and the fact as
discussed above, I am of the opinion that it is a fit case where the
above named petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six
weeks from the date of this order, he shall be released 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 learned A.S.J.-I-cum-Special Judge (POCSO),
Bokaro, in connection with Penk Narayanpur P.S. Case No.47 of
2018 with the condition that the petitioner will cooperate with the
trial of the case subject to the conditions laid down under section
438 (2) Cr. P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
