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2025 DAILYLAW 16110 (JHR)

RAHUL KUMAR SINGH ALIAS KUMAR RAHUL SINGH v. THE STATE OF JHARKHAND

B.A./5588/2025 · 2025-07-09

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:18538 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5588 of 2025 ------ Rahul Kumar Singh @ Kumar Rahul Singh, s/o-Birendra Singh, aged about-24 yrs, Resident of village-Hemdum (Huturu), P.O.-Lawalong, P.S.-Lawalong, District-Chatra. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sanjeev Kumar, Advocate For the State : Mr. Achinto Sen, Addl.P.P For the Informant : Mr. Anupam Anand, Advocate ------ Order No.02 Dated- 09-07-2025 Heard the parties. The petitioner has been made accused in connection with Lawalong P.S. Case No.1 of 2025 registered for the offence punishable under Section 376(2)(n), 504, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed sexual intercourse with the informant by adopting deceitful means of promising to marry her. It is next submitted that the allegation against the petitioner is false. It is next submitted that at best, this is a case of consensual sexual relationship between the parties. It is next submitted that the admittedly, the physical relationship was going on for 5 years. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para-2 of supplementary affidavit. It is then submitted that the petitioner has been in custody since 11.04.2025 as is evident from para-17 of the instant bail application. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant or witnesses of the case in any manner during the trial of the case. It is lastly submitted that the petitioner also undertakes to co-operate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned counsel appearing for the State and the learned counsel for the informant oppose the prayer for bail of the petitioner and submits that charge sheet has been submitted for the offences punishable under Section 4 of POCSO Act. 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 the learned Special Judge (POCSO), Chatra in connection with Lawalong P.S. Case No.1 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 and he will not annoy or disturb the informant or witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Abhiraj/