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2025 DAILYLAW 10596 (JHR)

VISHAL PAL v. THE STATE OF JHARKHAND

B.A./3461/2025 · 2025-08-19

Ambuj Nath

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:24222 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3461 of 2025 ------ Vishal Pal, aged about 21 years, S/o. Mukhlal Pal, R/o. Vill.- Kankari, P.O. & P.S.- Chainpur, Dist. Palamau, Jharkhand. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. Sanjay Kr. Pandey-2, Advocate For the State : Mr. Pankaj Kr. Mishra, A.P.P. ------ 03/19.08.2025 Heard the parties. 2. The petitioner has been made accused in connection with POCSO Case No. 15/2025 arising out of Kharaundhi P.S. Case No. 79/2024, for the offences registered under Sections 64(2)(m), 123, 87, 351(2), 351(3) & 3(5) of the B.N.S. 2023 and Sections 4 & 6 of the POCSO Act, pending in the Court of learned Special Judge, POCSO-cum-A.S.J.-I, Garhwa. 3. In the midnight of 02.10.2024, petitioner had called the prosecutrix outside her house and thereafter he threatened her and took her near Lami hills. It is alleged that petitioner had sedated the victim and thereafter raped her. It is further alleged that petitioner took her away to various places including his home where she stayed for three days and also she was repeatedly raped. 4. It was submitted that there is delay of five days in lodging of F.I.R. It was further submitted that parties were in consensual physical relationship and when the family member of petitioner refused to solemnize their marriage, this case was instituted. 5. The age of the prosecutrix is sixteen years. Her consent for consensual physical relationship is immaterial. 6. Considering the nature of allegation, I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail stands rejected. (Ambuj Nath, J.) Rahul/-