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2025 DAILYLAW 11297 (JHR)

PRAKASH BANSFOR ALIAS PRAKASH DOM v. THE STATE OF JHARKHAND

B.A./3142/2025 · 2025-04-22

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:11882] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3142 of 2025 ------ Prakash Bansfor @ Prakash Dom, aged about 40 years, S/o Late Ramchandra Bansfor, Resident of Telipara, near Shiv Mandir, Hirapur, P.O., and P.S.- Dhanbad, District- Dhanbad, State- Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Naveen Kr. Ganjhu, Addl.P.P ------ Order No.02 Dated- 22-04-2025 Heard the parties. The petitioner has been made accused in connection with Dhanbad P.S. Case No.41 of 2025 registered under Sections 64 and 81 of the B.N.S., 2023 and Section 6 of POCSO Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape and aggravated sexual intercourse with the victim on the promise of marriage. It is submitted that the allegation against the petitioner is false. It is next submitted that though the victim claims that she was born in the year 2008 but during the investigation of the case, in para-70 of the case-diary it has transpired that the date of birth of the victim is 10.08.2004 so, on the date of occurrence, the victim was a major lady. It is further submitted that at best it is a case of consensual sexual relationship. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 03.02.2025 as is evident from para-11 of the instant bail application. Hence it is submitted that the petitioner be released on bail. Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above-named petitioner is directed to be enlarged 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 J.M.-1st Class, Dhanbad, Jharkhand in connection with Dhanbad P.S. Case No.41 of 2025 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/