Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 15434 (JHR)

NITESH KUMAR ALIAS BANDRA v. THE STATE OF JHARKHAND

B.A./4940/2025 · 2025-06-24

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:16929 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4940 of 2025 ------ Nitesh Kumar @ Bandra, aged about 21 years, Son of Ritlal Singh, Resident of Vill –Kendua (Sohar), P.O. –Laraluttudag, P.s. –Rajpur, District –Chatra. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Santosh Kr. Shukla, Addl. P.P. ------ Order No.02 Dated- 24.06.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Rajpur P.S. Case No.15 of 2025 corresponding to POCSO Case No. 31 of 2025 registered for the offences punishable under sections 137(2), 87 and 3(5) of the B.N.S., 2023 and under Section 4 and 6 of the POCSO Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons kidnapped the minor victim girl and enticed her for compelling her for marriage and committed aggravated sexual assault upon her. It is further submitted that the allegations against the petitioner are all false. It is next submitted by the learned counsel for the petitioner drawing attention of this court to para-36 of the case diary that in her statement under Section 183 of the B.N.S.S., the victim has categorically stated that no offence has been committed with her and she invited the petitioner to go with her to Ithkhori Jungle. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para –17 of the bail application. It is next submitted that the petitioner has been in custody since 07.03.2025, as has been mentioned in paragraph no. 16 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, the petitioner is directed to be released 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 Cases, Chatra, in connection with Rajpur P.S. Case No.15 of 2025 corresponding to POCSO Case No. 31 of 2025 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/