Durga Saw @ Vikash v. The State of Jharkhand

The State of Jharkhand CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND …. …. Opp. Party For the Petitioner : Mr.N.K. Sahani, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. ------ 3/20.06.2022 Heard learned counsel for the applicant and learned APP for the State. The bail application has been filed on behalf of the above named applicant with a prayer to release on bail in connection with Sector-12 P.S. Case 06 of 2022 under sections 366A of IPC, section 8/12 of the POCSO |Act, pending in the court of learned Special Judge, Bokaro. Learned counsel for the applicant has submitted that the FIR of this case was lodged by the father of the victim with these allegations that his minor daughter 14 years old was enticed away by Durga Saw @ Vikash with intent to marry her. Learned counsel for the applicant has further submitted that the applicant is innocent and has been falsely implicated in this case. The victim was recovered. Her statement under section 164 Cr.P.C., was recorded, in which she stated that at the behest of the applicant Durga Saw she reached to meet him at the indicated place. Thereafter, both of them went to Ranchi, Allahabad and Delhi etc., by bus and no physical relation established between them. It is also further submitted that though the victim in her statement had stated that she did not accompany the applicant on account of her own will, yet there is no allegation in regard to enticing the minor daughter of the informant to have any illicit relation with her or to marry her. The applicant has been languishing in jail since 21.01.2022. Learned APP for the State vehemently opposed the contentions made by the learned counsel for the applicant. In view of the submissions made and the materials on record, the bail application of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

(SUBHASH CHAND, J.)