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2025 DAILYLAW 15034 (JHR)

NISHIT MAHATO ALIAS NISIT MAHATO v. STATE OF JHARKHAND

B.A./4577/2025 · 2025-06-20

Ambuj Nath

body2025

Judgment text

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(2025:JHHC:16230) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4577 of 2025 Nishit Mahato @ Nisit Mahato, aged about 37 years, son of Durga Mahato @ Durga Charan Mahato, resident of near Shiv Mandir, Hathiyadih, P.O. Gamharia, P.S. Adityapur, District Seraikella-Kharsawan, Jharkhand. … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. P. S. A. S. Pati, Advocate For the State : Mr. Naveen Kr. Gaunjhu, A.P.P. --- 02/20.06.2025 Heard the parties. The petitioner has been made accused in connection with Adityapur P.S. Case No. 129 of 2024 (S), corresponding to POCSO Case No.31 of 2024, for the offences registered under Sections 363, 376, 504, 379, 34 of the Indian Penal Code and Sections 3/ 4 of POCSO Act and Section 67(b) of I.T. Act. Charge has been framed under Section 23 of the POCSO Act and Section 67(B) of the I.T. Act, pending in the court of learned Pr. District & Sessions Judge-cum-Special Judge, POCSO Court, Seraikella. Bail application of the petitioner was earlier rejected by this Court vide B.A. No.8952 of 2024 by order dated 11.12.2024. It is alleged that on 27.04.2024, the co-accused Arun Singh lured the victim to accompany him to Dobo Dam. Thereafter, Arun Singh raped her. It appears that two unknown persons recorded the entire occurrence. Statement of the victim has been recorded during trial. From perusal of which, it appears that she has not supported the case and she has been declared hostile. It further appears that co-accused Arun Singh has been granted bail by this Court. In view of the aforesaid facts, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of learned Pr. District & Sessions Judge-cum-Special Judge, POCSO Court, Seraikella, in connection with Adityapur P.S. Case No. 129 of 2024 (S), corresponding to POCSO Case No.31 of 2024. (Ambuj Nath, J.) Jay/-