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2025 DAILYLAW 14744 (JHR)

PANKAJ BARAIK v. THE STATE OF JHARKHAND

B.A./5280/2025 · 2025-07-11

Ambuj Nath

body2025

Judgment text

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2025: JHHC:18815 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5280 of 2025 Pankaj Baraik, S/o Rameshwar Baraik, R/o Village Kasira, PO- Dumartoli, PS Bolba, District Simdega, Jharkhand. ... … Petitioner Versus The State of Jharkhand … … Opposite Party ------ CORAM : Hon’ble Mr. Justice Ambuj Nath ------- For the Petitioner : Mr. Raj Kishore Sahu, Advocate For the State : Mr. Someshwar Roy, APP -------- Order No.2/Dated:11th July, 2025 Heard the parties. 2. The petitioner has been made accused in connection with POCSO Case No. 21 of 2024, arising out of Simdega (Mahila) PS Case No. 16 of 2024, for the offences registered under sections 64, 351(2) of BNS and Section 8 of POCSO Act (Subsequently charge has been framed under sections 64(2) (m), 351 (2) of BNS and section 4 of the POCSO Act). 3. Bail application of the petitioner was earlier rejected by this Court vide order dated 28.1.2025 passed in BA No. 596 of 2025. 4. The petitioner is alleged to have raped the victim due to which she became pregnant. Family members of the victim had attempted to solemnize her marriage with this petitioner but he refused. 5. Learned counsel for the petitioner submitted that now the petitioner and his family members are ready to solemnize his marriage with the victim. 6. Mrs. Nidhi Singh, the learned counsel appearing on behalf of the victim has supported the contention of the learned counsel appearing on behalf of the petitioner. 7. It appears that statement of the victim has been recorded during trial in which she has supported the prosecution case. 8. Considering the aforesaid facts, this court cannot consider the factum of compromise and allow the parties to compound this case which is under POCSO Act. 9. Considering the aforesaid facts, I am not inclined to release the petitioner on bail. Hence, his prayer for bail stands rejected. KNR (Ambuj Nath, J.)