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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
The petitioner has been made accused in connection with Pithoria P.S. Case No. 100 of 2020 registered under sections 363/366(A) of the Indian
Penal Code and Section 8 of POSCO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner kidnapped the minor victim girl and committed
rape upon her. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards Annexure-2 at page nos.14-18
of the brief, it is submitted by the learned counsel for the petitioner that the mother of the victim has sworn an affidavit purported to be filed in the
court of A.C.J.M., Ranchi wherein it has been mentioned that due to mistake of facts, this case has been filed by the informant, and the victim has
sworn the affidavit which is at page no.15, in which she has stated that she was never taken away by anybody. It is next submitted that the petitioner
undertakes to co- operate with the trial of the case. It is further submitted that the petitioner has been in custody since 02.09.2020 as mentioned in
paragraph 11 of the bail application. Hence, it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Judicial Magistrate, Ranchi in connection with Pithoria P.S.
Case No. 100 of 2020 with the condition that he will co-operate with the trial of the case.