VISHWANATH KUMAR THAKUR ALIAS VISHWANATH SHARMA v. STATE OF JHARKHAND
B.A./5964/2025 · 2025-07-17
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17286 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17286 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:19592 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5964 of 2025
------ Vishwanath Kumar Thakur @ Vishwanath Sharma, aged about 28 years, son of Tulsi Thakur, resident of Village-Pitiz, P.O.-Pitiz, P.S.- Itkhori, District-Chatra, Jharkhand.
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Victim
.... .... .... Opposite Parties
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Yogendra Yadav, Advocate
: Mr. Kaushik Sarkhel, Advocate
For the State
: Mr. Vijoy Kr. Sinha, Addl.P.P
------
Order No.02 Dated- 17-07-2025
Heard the parties. The petitioner has moved this Court for grant of bail in connection with Mahila P.S. Case No.28 of 2024 registered for the offences punishable under section 323, 313, 376(2)(n) and 506 of the Indian Penal Code. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner repeatedly committed rape upon the victim and caused miscarriage of her child without her consent. It is further submitted that the allegations against the petitioner are all false. It is next submitted that admittedly, the petitioner and the victim were having sexual relationship for over a period of two months. It is next submitted that at best, it is a case of consensual sexual relationship between two adult persons. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para-50 of this bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertake that they will not annoy or disturb the informant, victim or the witnesses of the case in any manner during the trial of the case. It is lastly submitted that the petitioner has been in custody since 03.05.2025 as is evident from para-52 of this bail application. 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 Judicial Magistrate- XXV, Ranchi in connection with Mahila P.S. Case No.28 of 2024 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, victim or the witnesses of the case in any manner during the trial of the case.
(Anil Kumar Choudhary, J.) Abhiraj/