AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State.
Petitioner has been made accused in connection with Ramna P.S. Case No. 96 of 2016 corresponding to G. R. No. 1781 of 2016 registered for the offences punishable under Sections 376 / 493 of the Indian Penal Code and under Section 22D of the Minimum Wages Act.
Learned counsel for the petitioner submits that there is a delay of six months in lodging of the F.I.R. The allegation is of consensual sex on the promise of marriage. It is further submitted by the learned counsel for the petitioner that the allegations against the petitioner are all false. It is also submitted that the petitioner is in custody since 04.07.2017 as has been mentioned in paragraph no.1 of the bail application. The petitioner is a married man having three children and this case has falsely been foisted as the informant was aggrieved by alleged nonpayment of her wages. The petitioner is ready and willing to pay interim compensation of Rs.20,000/- to the informant without prejudice to his defence. Hence, the petitioner may be released on bail.
Learned Addl. P.P. appearing on behalf of the State opposes the prayer for bail of the petitioner.
Considering the submissions of the counsel and the fact as discussed above, the petitioner, named above, is directed to be released on bail on depositing Rs.20,000/- in shape of demand draft drawn in favour of Niki Kumari as interim compensation for the informant-Niki Kumari, without prejudice to his defence and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Garhwa in connection with Ramna P.S. Case No. 96 of 2016 corresponding to G. R. No. 1781 of 2016.
In case, the petitioner deposits the interim compensation, the court below shall issue notice to the informant-Niki Kumari and on proper identification, the said demand draft so deposited be released in her favour forthwith.