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2025 DAILYLAW 19042 (JHR)

MUKESH YADAV ALIAS MUKESH KUMAR YADAV v. THE STATE OF JHARKHAND

B.A./6184/2025 · 2025-07-24

Ambuj Nath

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:20287 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6184 of 2025 ------- Mukesh Yadav @ Mukesh Kumar Yadav, aged about 22 years, son of Arjun Yadav, resident of village Jamu, P.O. Jamu, P.S. Markacho, District Koderma. …... …. Petitioner(s) Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Sarvendra Kumar, Advocate Mr. Deepak Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, A.P. P. -------- 02/ Dated 24.07.2025 Heard the parties. The petitioner has been made accused in connection with Markacho P.S. Case No. 21 of 2025, corresponding to Special POCSO Case No.08 of 2025, for the offences registered under Sections 64(2)(m)/65(1)/91 of BNS, Sections 4(2)/06 (read with Section 5(1) and 5(j)(ii) of the POCSO Act), pending in the court of learned Additional Sessions Judge-I-cum-Special Judge (POCSO Act), Koderma. Petitioner is alleged to have established physical relationship with the daughter of the informant, who is a minor girl, aged about 16 years. Learned counsel for the petitioner has submitted that there was consensual physical relationship between the parties. It was further submitted that occurrence had taken place about seven months ago. Considering the fact that victim is a minor and her consent for sexual relationship is immaterial, I am not inclined to release the petitioner, on bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage. (Ambuj Nath, J.) BS/-