Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:12932 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3179 of 2025
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… Petitioner
Versus
1. The State of Jharkhand
2. Victim
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Shailendra Jit, Advocate For the State
: Mr. Naveen Kr. Ganjhu, Addl. P.P. ------
Order No.02 Dated- 29.04.2025
Heard the parties. The petitioner has moved this Court for grant of bail in connection with Barhi (Padma O.P.) P.S. Case No.193 of 2023 registered for the offences punishable under sections 376(D) of the Indian Penal Code and under Section 6 of the POCSO Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons have committed aggravated sexual assault and gang rape upon the daughter of the informant. It is further submitted that the allegations against the petitioner are all false. It is then submitted by the learned counsel for the petitioner drawing attention of this Court to annexure-3 at page no. 16 & 17 of the brief which is the copy of the certified copy of the petition of compromise filed by the petitioner, informant and the victim that therein it has been categorically mentioned that the parties have compromised the case outside the court and the petitioner has solemnized marriage with the victim in a temple and both are residing together as husband and wife and the informant does not want to contest the case. It is next submitted that the petitioner has been in custody since 01.03.2025, as has been mentioned in paragraph no. 15 of the bail application. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-16 of the bail application. It is further submitted that the
petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail.
Accordingly, the petitioner is directed to be released 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-III-cum- Special Judge, POCSO Act, Hazaribagh, in connection with Barhi (Padma O.P.) P.S. Case No.193 of 2023 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant in any manner during the trial of the case. (Anil Kumar Choudhary, J.)
Sonu-Gunjan/