ABHISHEK KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ichak P.S. Case No.79 of 2023 registered under Sec. 363/366A/34 of the Indian Penal Code read with Sec. 4 of the POCSO Act.

(3.) The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner enticed away the minor victim girl and committed penetrative sexual assault. It is further submitted that the allegations against the petitioner are all false and there is absolutely no allegation of any penetrative sexual assault nor did the victim in her statement recorded under Sec. 161 Cr.P.C. recorded by the police stated anything to indicate that the petitioner has committed any penetrative sexual assault. It is then submitted that the petitioner is under the employment of Indian Army and the petitioner has no criminal antecedent. It is next submitted that the petitioner undertakes to pay Rs.50,000.00 to the victim Sapna Kumari without prejudice to his defence in this case and also undertakes to cooperate with the investigation of the case and also undertakes that he will not annoy or disturb Sapan Kumari or her family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.