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2025 DAILYLAW 41487 (JHR)

ABHISHEK KUMAR v. THE STATE OF JHARKHAND

B.A./9792/2025 · 2025-12-04

Ambuj Nath

body2025

Judgment text

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( 2025:JHHC:36292 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 9792 of 2025 Abhishek Kumar, aged about 34 years, son of Sanjay Kumar Sharma, resident of Gutusai Chaibasa, P.O. Chaibasa, P.S. Muffasil, District Singhbhum (West ) --- --- Petitioner Versus The State of Jharkhand --- --- Opp. Party --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioner: Mr. Arun Kumar, Advocate For the O.P-State: Ms. Mohua Palit, A.P.P. --- 03 / 04.12.2025 Heard the parties. 2. Petitioner has been made accused in connection with Chaibasa Muffasil P.S. Case No. 113 of 2025 corresponding to Spl. POCSO Case No. 34 of 2025 for the offences registered under sections 74/115(2) of the Bharatiya Nyaya Sanhita, 2023 and section 12 of POCSO Act (Charge has been framed under section 351(3) of the B.N.S. and section 6 read with section 5(1)/12 of the POCSO Act), pending in the court of learned Additional Sessions Judge-II- cum-Special Judge, POCSO Act Cases, Singhbhum West at Chaibasa. 3. On 07.07.2025, co-accused Akash Nayak was making obscene gesture in front of the Informant. Father of the Informant caught him and Informed the Muffasil Police Station and the case was instituted. During the course of the investigation, statement of the Informant was recorded in which she has stated that the petitioner who was her tutor has raped her. This allegation has been made after one year from the alleged date of occurrence. It further appears that the victim has given written report before the police stating that the co-accused Anshu Kumar Ram had committed rape upon her. 4. In view of the aforesaid facts, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, POCSO Act Cases, Singhbhum West at Chaibasa in connection with Chaibasa Muffasil P.S. Case No. 113 of 2025 corresponding to Spl. POCSO Case No. 34 of 2025. (Ambuj Nath, J) December 04, 2025 Ranjeet/ Uploaded 04.12.2025