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2025 DAILYLAW 12906 (JHR)

KISHOR KUMAR MANDAL ALLIAS KISHORE KUMAR MANDAL v. THE STATE OF JHARKHAND

B.A./5278/2025 · 2025-07-02

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:17620] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5278 of 2025 ------ Kishor Kumar Mandal @ Kishore Kumar Mandal, aged about 28 years, Son of Sudhir Mandal, Resident of Village- Pethal Chatto, P.O.- Sarkanda, P.S. Rajmahal, District- Sahibganj. .... .... …. Petitioner Versus The State of Jharkhand .... .... …. Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P ------ Order No.02 Dated- 02-07-2025 Heard the parties. The petitioner has been made accused in connection with POCSO Case No.25 of 2025 arising out of Rajmahal P.S. Case No.38 of 2024 registered under Section 363, 366A, 376 of the Indian Penal Code and Section 3/4 of the D.P. Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner procured the minor victim girl and committed rape upon her and subsequently demanded dowry. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards Annexure-2 page-24 of the brief which is the copy of the petition filed by the victim- Gayatri Kumari in the court of learned Additional Sessions Judge-II-cum-POCSO Judge, Sahibganj, learned counsel for the petitioner submits that therein the victim has categorically stated that the matter has amicably been compromised and settled between the parties and she does not want to proceed with the case. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case and that he will not annoy or disturb the informant and other witnesses of the case during the trial of the case. It is lastly submitted that the petitioner has been in custody since 08.01.2025 as is evident from para-01 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 Special Judge, POCSO Act, Sahibganj in connection with POCSO Case No.25 of 2025 arising out of Rajmahal P.S. Case No.38 of 2024 with the condition that he will co-operate with the trial of the case, 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 and will not annoy or disturb the informant and other witnesses of the case during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/