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2025 DAILYLAW 4160 (JHR)

SONU RAI ALIAS SONY RAY @ SONU RAY v. THE STATE OF JHARKHAND

A.B.A./910/2025 · 2025-02-11

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.910 of 2025 ------ Sonu Rai @ Sony Ray @ Sonu Ray, s/o Shyamlal Ray, aged 18 years, r/o Panchayat Shakhabara, Block Birni, village Pratappur, P.O & P.S. Birni, Dist.-Giridih .... .... …. Petitioner Versus 1. The State of Jharkhand 2. X (Victim/Informant) .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Yogesh Modi, Advocate For the State : Mr. Someshwar Roy, Addl. P.P. For the Informant : Mr. Rajesh Kumar, Advocate ------ Order No.02 Dated- 11-02-2025 Heard the parties. Apprehending his arrest in connection with Birni P.S. Case No.234 of 2023 instituted under Section 376 of the Indian Penal Code and Sections 4/8 of POCSO Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim girl. It is submitted that the allegation against the petitioner is false. It is jointly submitted by learned counsel for the petitioner and learned counsel for the informant that because of some misunderstanding, this case was instituted but, in the meanwhile, both the petitioner and the victim have solemnized the marriage and in this respect learned counsel for the petitioner and learned counsel for the informant draw the attention of this Court towards Annexure-2 which is the copy of the photograph of the marriage. It is further submitted by the learned counsel for the petitioner that the alleged victim is now a major lady. It is further jointly submitted that informant does not want to proceed with the case any further in view of her marriage with the petitioner. It is then submitted that the petitioner undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-POCSO Act-cum-District Judge VIII, Giridih, in connection with Birni P.S. Case No.234 of 2023 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/