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2025 DAILYLAW 4487 (JHR)

CHINTAMAN MAHTO v. THE STATE OF JHARKHAND

Cr.A(DB)/142/2025 · 2025-04-17

Ambuj Nath, Rongon Mukhopadhyay

body2025

Judgment text

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2025: JHHC:11706-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 142 of 2025 1. Chintaman Mahto 2. Somari Devi ---- --- Appellants Versus The State of Jharkhand --- --- Respondent --- CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Ambuj Nath --- For the Appellants: Mr. Rahul Dev, Advocate For the Resp.-State: Mr. Saket Kumar, A.P.P. --- 04/ 17.04.2025 Heard Mr. Rahul Dev, learned counsel for the appellants and Mr. Saket Kumar, learned A.P.P. 2. This appeal is directed against the order dated 09.01.2025 passed by the learned Additional Sessions Judge-VIII-cum-Special Judge, POCSO Act, Giridih in connection with Bagodar P.S. Case No. 131 of 2021, whereby and whereunder, the prayer for Anticipatory Bail of the appellants has been rejected. 3. It has been alleged that the appellants being the maternal grand-parents of the victim had got her marriage forcibly solemnized with one Sunil Yadav. 4. It has been submitted by the learned counsel for the appellants that in the statement under Section 164 of the Cr. P.C of the victim, she has not specifically stated about any role played by the appellants in forcibly getting her married to Sunil Yadav. Learned counsel submits that Sunil Yadav had forcibly married the victim and as such, a prayer has been made for grant of Anticipatory Bail to the appellants. 5. Mr. Saket Kumar, learned A.P.P. has opposed the prayer for Anticipatory Bail of the appellants. 6. Regard being had to the statement of the victim under section 164 of the Cr. P.C., wherein role of the appellants has been minimized, we, while setting aside the order dated 09.01.2025 passed by the learned Additional Sessions Judge-VIII-cum-Special Judge, POCSO Act, Giridih in connection with Bagodar P.S. Case No. 131 of 2021, direct the appellants to surrender within a period of four weeks and on their surrender, they shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional 2. Sessions Judge-VIII-cum-Special Judge, POCSO Act, Giridih in connection with Bagodar P.S. Case No. 131 of 2021. 7. This appeal is allowed. (Rongon Mukhopadhyay, J) (Ambuj Nath, J) Ranjeet-Nandini/