RINKU Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 439 Cr.P.C for grant of regular bail in case FIR No. 431/2019 U/s 323/341/354/506/34 IPC and Sec. 10 of POCSO Act registered at Police Station Khyala.

(2.) Briefly stated, the case of the prosecution as per the status report is that the present FIR was registered on the basis of the complaint of complainant "M" in which she alleged that co-accused Ramprasad who is the father of Rinku (petitioner herein) had illegally occupied her property. She further alleged that on 18/12/2019, in the evening, when she was standing at her door, co-accused Ramprasad assaulted to outrage her modesty. She further alleged that co-accused Ram Prasad told her that he would undress her as he had done previously the same with Sardar's women in 1984. After that co-accused Ramprasad did hair cut (Kesh of Juri) of complainant's son namely "J" aged 6 years.

(3.) In the meanwhile other family members of co-accused Ramprasad namely Pinki, Geeta and Somwati came and attacked upon the complainant's daughter, mother-in-law and her neighbour Priyanka with sticks and beaten them. After the registration of the case the investigation went underway and during the course of investigation, statement U/s 164 Cr.P.C. of complainant and her son master "J" was got recorded. The petitioner was arrested on 31/12/2019 and sent to J.C. as there were specific allegations against him in the statement U/s 164 Cr.P.C of Master "J"(son of the complainant.)