Urmila Devi And Others vs State Of Jharkhand & Anr

Anil Kumar Choudhary, J

Heard the parties through Video Conferencing. Though notice was validly served to opposite party no. 2 and Vakalatnama has also been filed but no

one turns up on behalf of opposite party no. 2 in spite of repeated calls.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sariya P.S. Case No. 143

of 2018 (POCSO Case No. 23 of 2019) registered under sections 376/506 of the Indian Penal Code, under section 4 of the POCSO Act and 4 of the

D.P. Act.

The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 & 2 are the aunt and uncle of the

co-accused â€"Abhishek Kumar Verma and the petitioner no.3 is the mother of the co-accused â€"Abhishek Kumar Verma and the allegation against

the co-accused â€"Abhishek Kumar Verma is that he took the victim to a lonely place and committed rape upon her with a promise to marry her and

subsequently marriage between the co-accused and the victim was solemnized in a temple but after taking the victim to her matrimonial house, the co-

accused fled away but the petitioners demanded dowry. It is lastly submitted that the petitioners are ready and willing to keep and maintain the

opposite party no. 2 with full dignity and honor as their lawful daughter-in-law as and when the opposite party no. 2 joins the petitioners to reside in

their house. It is next submitted that the petitioners are ready to co-operate with the investigation of the case. Hence, it is submitted that the petitioners

be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the

event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on furnishing

bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge,

POCSO Act, Giridih in connection with Sariya P.S. Case No. 143 of 2018 (POCSO Case No. 23 of 2019)subject to the condition that the petitioners

will keep and maintain the opposite party no. 2 with full dignity and honor as their lawful daughter-in-law as and when the opposite party no. 2 joins the

petitioners to reside in their house and they will co-operate with the Investigation of the case and will appear before the Investigating Officer as and

when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking

not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.