( 2025:JHHC:23444 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 128 of 2025 Jaydeo Ray, aged about 24 years, Son of Shishir Ray, Resident of Village-Makarampur, P.O. & P.S.- Masalia, District- Dumka … Appellant Versus 1. The State of Jharkhand 2. XYZ …… Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : Mr. Sanjeev Thakur, Advocate : Mr. Jagat Kumar Soni, Advocate For the State : Mr. Rakesh Ranjan, A.P.P. For the Informant : Mr. Sanjay Kr. Singh, Advocate : Mr. Virendra Kr. Advocate ….. Order No. 04/ Dated: 07.08.2025 This Criminal Appeal has been filed on behalf of the appellant by challenging the order dated 13.12.2024 in MCA No. 747 of 2024 ( Masalia Case No. 46 of 2023) passed by the learned Special Judge ( POCSO ACT), Dumka in connection with POCSO Case No. 58 of 2023 instituted for offence under section 376 of the IPC and under Sections 4,8,10 and 12 of POCSO Act and section 3 (r) (s) of SC/ST Act. 2. As per the FIR the appellant is alleged to have the appellant performed marriage with the Informant on 08.05.2023 in Shiv Temple and took her to his house where he established physical relation with her and after 15 days she has been ousted from her matrimonial home and for which she made a complaint at Masalia Police Station. Thereafter the appellant remained in the house of the Informant for 13 days and tried to kill her by pressing her neck and threatened her dire of consequence and fled away from house of the Informant . ( 2025:JHHC:23444 2 3. Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the Informant. 4. Learned counsel for the appellant submitted that the impugned order passed by the learned Courts below is illegal and not sustainable in eye of law. It is submitted that the appellant is innocent and has not committed any offence. It is admitted that the appellant has performed marriage with the Informant and was living as husband and wife. It is submitted that the appellant is still ready to keep the informant as his wife in his house and will not do any harm. It is submitted that the appellant is in custody since 24.07.2023 and hence the appellant may be enlarged on bail. 5. On the other hand, learned A P.P has opposed the prayer for bail. It is submitted that the appellant has established physical relationship and later on performed marriage with her and ousted her from her matrimonial home and hence his prayer for bail may be rejected. 6. On the other hand, learned counsel for the Informant after adopting the submission of learned A.P.P. has submitted that the appellant had abused the Informant in the name of her caste and ousted her from her matrimonial home. It is submitted that the appellant has threatened her from the jail by mobile No. 9060940967 which has been stated in para 10 of counter affidavit filed by the Informant. It is further submitted that the Informant never asked the appellant to live in house as Gharjamai . It is submitted that the appellant has harassed her by commenting that she belongs to lower caste and he used to abuse her in the name of her caste and humiliated her several times. ( 2025:JHHC:23444 3 7. In reply learned counsel for the appellant submitted that the appellant is still ready to keep the Informant as his wife. 8. Perused the Records and considered the submissions of both the sides. 9. It appears that the appellant and the Informant have performed marriage and lived like a husband and wife. 10. It appears that the appellant is in custody since 24.07.2023 . 11. Considering the facts and circumstances of this case and also considering the custody of the appellant, the appellants namely Jaydeo Ray is directed to be released on bail on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Sri Ramesh Chandra, the learned Special Judge ( POCSO ACT), Dumka or his Successor Court in connection with Masalia P.S. Case No. 46 of 2023, POCSO Case No. 58 of 2023 subject to the condition that one of the bailors should be the relative of the appellant Therefore, in view of the above, the order dated 13.12.2024 in MCA No. 747 of 2024 ( Masalia Case No. 46 of 2023) passed by Sri Ramesh Chandra, the learned Special Judge ( POCSO ACT), Dumka in connection with POCSO Case No. 58 of 2023 is set aside. 12. It will be desirable that both the appellant and the Informant may have peaceful conjugal life. 13. Thus, this Criminal Appeal (SJ) No. 128 of 2025 is allowed. (Sanjay Prasad, J.) Bibha/