Rahul Kumar v. The State of Jharkhand

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For Petitioner : Mr. Anurag Kashyap, Advocate For the State : Ms. Ruby Pandey, A.P.P --- 02/24.03.2022 Learned counsel for the petitioner undertakes to remove the defect(s) as pointed out by the office in due course. Heard the Parties. Petitioner has been made an accused in connection with POCSO Case No. 05/2022, arising out of Garhwa Mahila P.S. Case No. 23/2021, registered under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act, pending in the Court of Sri Bimlesh Kumar Sahay learned Special Judge, POCSO, Garhwa. Petitioner is said to have established physical relationship with 17 years old informant on the pretext of marriage. On 16.06.2021, both the informant and this petitioner were caught red handed while establishing physical relationship. Panchayat was held in which father of this petitioner demanded Rs. 5 lakhs as consideration for marriage. There is nothing on the record to show that consent for physical relationship at the very inception of their affair was obtained by deceit. Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of Sri Bimlesh Kumar Sahay learned Special Judge, POCSO, Garhwa or his successor in connection with POCSO Case No. 05/2022, arising out of Garhwa Mahila P.S. Case No. 23/2021. (Ambuj Nath, J.) Srv