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2025 DAILYLAW 19261 (JHR)

DIPESH MANDAL ALIAS DUPESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./4541/2024 · 2025-04-22

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:11938 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4541 of 2024 Dipesh Mandal @ Dipesh Kumar, son of Lalmani Mandal, resident of village Jitkundi, Jitkundi Dumri, P.O and P.S. Dumri, District Giridih .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rishu Ranjan, Advocate. For the State : Mr. Sunil Kr. Dubey, A.P.P …..... 05/22.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 376, 506 and 34 IPC and Sections 4/6 of the POCSO Act. Heard learned counsel for the parties at length and gone through the documents, annexed along with this application. Opportunity was given to the State to oppose the bail, which the State availed and opposed. The FIR has been lodged by the father of the informant stating therein that the victim girl aged about 16 years has been raped. The victim girl has been examined under Section 164 Cr.P.C. The gist of the said statement has been recorded in paragraph 47 of the case diary, which has been produced by learned A.P.P. From the statement of the victim girl, I find that the girl along with others were playing. She suddenly fell down when her cousin started shouting that she has been raped. She further stated that nothing of that sort has happened. In view of the aforesaid facts, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, POCSO, Giridih, in connection with Dumri P.S. Case No. 06/2024, subject to condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)