High CourtsSingle Bench(2023) 06 JH CK 0023

Badal Kumar Bauri @ Badal Bauri vs State Of Jharkhand

Jharkhand High Court · Decided on 19 June 2023

HON’BLE JUDGES
Gautam Kumar Choudhary, J
CASE NUMBER
Bail Application No. 2990 Of 2023

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Judgment

7 paragraphs · 215 words

Gautam Kumar Choudhary, J

Heard learned counsel for the parties.

The petitioner named above has been made accused in connection with Chas P.S. Case No. 215 of 2022 (Special POCSO Case No. 74 of 2022) for the offence under Sections 366A, 420, 376 of Indian Penal Code and Section 6 of POCSO Act, 2012, pending in the court of Special Judge (POCSO Act), Bokaro.

As per the prosecution case, complaint filed by the mother of the victim is the basis of police case. It is alleged that the victim was kidnapped by the petitioner and rape was committed on the promise of marriage.

It is submitted by learned counsel for the petitioner that the victim is major as stated by her before the police in her statement as well as in the medico-legal examination report. The victim has stated in her statement made under Section 164 Cr.P.C. that she was married to the petitioner and they are living happy conjugal life.

Learned counsel for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, the petitioner, named above, is directed to 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 Court below.