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2025 DAILYLAW 4082 (JHR)

PAWAN KUMAR ALIAS PAWAN KUMAR RAM v. THE STATE OF JHARKHAND

A.B.A./725/2025 · 2025-02-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 725 of 2025 ------ Pawan Kumar @ Pawan Kumar Ram, age about 26 years, son of Late Sakaldeo Ram, resident of Village+P.O. –Mandhania, P.S. –Mayurhand, Dist.-Chatra, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Santosh Kr. Soni, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P. ------ Order No.02 Dated- 05.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mayurhand P.S. Case No.93 of 2024 registered under sections 75(2)/ 78/351(3)/352/3(5) of the B.N.S., 2023 and under Section 12 of the POCSO Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner caused sexual harassment of the minor victim girl. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-13 of the instant anticipatory bail application. It is next submitted that there was a Panchayati in the village in which the petitioner was asked to pay Rs.5,00,000/- and as the petitioner protested the illegal demand of the extra-judicial forum, this false case has been foisted. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant or her family members in any manner during the pendency of the case nor he will not go to or near the house of the informant during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Spl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and 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 Special Judge, POCSO Act, Chatra, in connection with Mayurhand P.S. Case No.93 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not annoy or disturb the informant or her family members in any manner during the pendency of the case nor he will not go to or near the house of the informant during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-