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2025 DAILYLAW 19199 (JHR)

PRINCE KUMAR ALIAS PRINCE KUMAR PASWAN ALLIAS PRINCE PASWAN v. THE STATE OF JHARKHAND

Cr.A(SJ)/577/2025 · 2025-07-31

Gautam Kumar Choudhary

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:21291 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 577 of 2025 Prince Kumar @ Prince Kumar Paswan @ Prince Paswan, S/o Santosh Kumar Paswan, through his guardian namely Lakshman Paswan, S/o Sri Kailash Paswan, R/o Village- 16 number Chunjka Saryabad, P.O. S.P. Colliery P.S. Giridih Mufassil, District Giridih ..... .... Appellant Versus The State of Jharkhand … …. Respondent CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant : Mr. Vikash Kumar, Advocate Mr. Pranav Prakash Mishra, Advocate Mr. Sanjay Kumar, Advocate For the State : Ms. Amrita Kumari, APP ------ Order No. 02 / Dated : 31.07.2025. 1. The instant criminal appeal has been filed under Section 101(5) of the Juvenile Justice (Care and Protection Act) 2015 against the order dated 17.06.2025 passed in M.C.A. No. 1154/2025 in Children Case No. 06/2025 arising out of Giridih (M) P.S. Case No. 68/2025 under Section 137(2), 96, 126(2), 115(2), 352, 351(2), 64, 61(2) of B.N.S. Act and 4/6 of POCSO Act. 2. It is submitted by the learned counsel on behalf of the appellant that at the time of incidence the appellant was aged 16 years and 11 days whereas victim girl was aged 17 years and 5 months. It is further submitted that from the FIR, it will be apparent that it was a case of willful elopement of both sides. The case was registered on the basis of compliant filed on 19.12.2024 whereas the date of occurrence has been stated to be 18.09.2024. Further, the girl had performed marriage with this appellant. 3. Learned APP for the State has opposed prayer for bail. 4. Having considered the submissions advanced on behalf of the both sides and on perusal of materials on record, I find element of consent writ large in the case on the part of the victim girl. Considering the age and overall facts and circumstance of the case, above-named appellant 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 learned Court below and subject to the condition that one of the bailors must be close relative of the appellant. This Criminal Appeal is allowed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ -