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2025 DAILYLAW 10209 (JHR)

MADHU NAG v. THE STATE OF JHARKHAND

B.A./3168/2025 · 2025-04-22

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:12049 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3168 of 2025 ------ Mother of the victim … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avnish Prakhar, Advocate For the State : Mr. Shashi Kr. Verma, Addl. P.P. ------ Order No.02 Dated- 22.04.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Sonari P.S. Case No.76 of 2024 corresponding to Special POCSO Case No. 62 of 2024 registered for the offences punishable under sections 341, 323, 354D, 376(2)(n), 366A, 372, 373, 34 of the Indian Penal Code and under Section 4 & 6 of the POCSO Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the mother of the victim in furtherance of common intention with the co-accused persons aided in commission of aggravated sexual intercourse upon the victim by one Basant Sahu and one Butun Behra. It is further submitted that the allegations against the petitioner are all false and the informant has falsely implicated the petitioner in this case at the behest of her father; who is not pulling on well with the petitioner. It is then submitted that there is no medical examination of the victim and police has not recovered any photograph or video of any occurrence as claimed by the victim. It is further submitted that charge sheet has already been submitted in this case but no witness has been examined as yet. It is next submitted that the petitioner has been in custody since 03.07.2024, as has been mentioned in paragraph no. 17 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that she will not annoy or disturb the informant or the witnesses of the case 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 Special Judge, Exclusive (POCSO) Court, Jamshedpur at Singhbhum East, in connection with Sonari P.S. Case No.76 of 2024 corresponding to Special POCSO Case No. 62 of 2024 with the condition that the petitioner will co-operate with the trial of the case and will furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number during the trial of the case, with further condition that she will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/