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2025 DAILYLAW 34806 (JHR)

RITA DEVI v. THE STATE OF JHARKHAND

A.B.A./6084/2025 · 2025-10-15

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:32025 1 A.B.A. No. 6084 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 6084 of 2025 ---- Rita Devi, aged about 40 years wife of Mukesh Sao, resident of Village Daridag, PO Dhangada, PS Tandwa, District Chatra.... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rohan Mazumdar, Advocate For the State :- Ms Bandana Sinha, Advocate ---- 2/15.10.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with POCSO Case No.55 of 2025 arising out of Tandwa PS Case No.189 of 2021, for offence registered under section 376, 506, 114, 120B of IPC and section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012, pending in court of learned District and Additional Sessions Judge Cum Special Judge, POCSO, Chatra. 3. Learned counsel for petitioner submits that the police has already investigated the matter and submitted final form in favour of the petitioner and the petitioner is not sent up for trial and said final form is Annexure-2. He further submits that however the learned court differing with the final form has taken cognizance against the petitioner and summons have been issued. 4. Learned State counsel opposes prayer and submits that police has investigated the matter and submitted final form in favour of the petitioner and the petitioner is not sent up for trial and the learned court differing with the final form has taken cognizance against the petitioner. 2025:JHHC:32025 2 A.B.A. No. 6084 of 2025 5. Considering that the petitioner has been exonerated by the investigating officer and final form has been submitted to that effect, the learned court differing with the final form has taken cognizance against the petitioner. There is no illegality in taking cognizance differing with the final form and that power is there, however, in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned District and Additional Sessions Judge Cum Special Judge, POCSO, Chatra, in connection with POCSO Case No.55 of 2025 arising out of Tandwa PS Case No.189 of 2021, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 15.10.2025 SI/