VIJAY KUMAR v. THE STATE OF JHARKHAND
Court: High Court of Jharkhand
Bench: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
Judgment date:
Case summary
High Court of Jharkhand judgment dated 2020-12-09. VIJAY KUMAR v. THE STATE OF JHARKHAND. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 9554 of 2020 Vijay Kumar … Petitioner Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Balram Mahto, Adv. For the State : Ms. Niki Sinha, Addl. P. P. 02 /09. 12. 2020 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 Barkagaon P. S. Case No. 160 of 2020 registered under sections 448, 341, 323, 376-C, 511, 504, 506, 34 of the Indian Penal Code and Sectiions 6 and 18 of POCSO Act.
Learned counsel for the petitioner submits that though the allegation against the petitioner is that the petitioner has committed rape upon the prosecutrix yet after due investigation the charge-sheet has been submitted against the petitioner for having committed the offences punishable under Sections 448, 323, 341, 504, 506 and 354 of the I. P. C. and Section 12 of POCSO, Act. It is next submitted that for the selfsame occurrence, form the side of the petitioner Barkagaon P. S. Case No. 159 of 2020 as a counter blast this false case has been foisted. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner undertakes to cooperate with the trial of the case. It is further submitted that the petitioner is in custody since 11. 08. 2020 as mentioned in paragraph 06 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 Additional Sessions Judge-cum- Special Judge, POCSO, Hazaribagh in connection with Barkagaon P. S. Case No. 160 of 2020 with the condition that he will cooperate with the trial of the case. Pappu/ (Anil Kumar Choudhary, J. )
Source: High Court of Jharkhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.