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2025 DAILYLAW 28046 (JHR)

RAJESH BHUIYAN v. THE STATE OF JHARKHAND

B.A./10777/2024 · 2025-02-18

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10777 of 2024 Rajesh Bhuiyan, aged about 24 Years, son of Chintaman Bhuiyan, resident of Village Gangpur, Post office & Police Station Gidhour, District - Chatra, Jharkhand … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner: M/s. Manish Yadav, Advocate For the State : M/s. Bishambhar Shastri, A.P.P --- 05/18.02.2025 Heard the Parties. Petitioner has been made an accused in connection with Sadar P.S. Case No. 97/2024, Corresponding to POCSO Case No. 22/2024 registered for the offence sections 366(A) of the Indian Penal Code, pending in the Court of Sri Amresh Kumar, learned Special Judge (POCSO) Act, Chatra. The petitioner is alleged to have enticed 15-year-old victim to leave her lawful guardianship with the intention to marry her. Statement of the victim was recorded during the investigation, in which she has stated that she has left her lawful guardianship according to her own wish and thereafter she married the petitioner. They also established physical relationship. Regard being had to the facts and circumstance of the case and considering the tender age of the victim, her consent for physical relationship becomes immaterial; I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is hereby rejected. Learned court below shall expedite the trial. (Ambuj Nath, J.) Saurabh uploaded