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2025 DAILYLAW 5189 (JHR)

KUMUD MANDAL ALIAS KUMOD KUMAR v. THE STATE OF JHARKHAND

B.A./1401/2025 · 2025-02-19

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1401 of 2025 ------ Kumud Mandal @ Kumod Kumar, aged about 18 years, S/o. Sri Gudu Mandal @ Dilip Mandal, R/o. Vill.- Kolhabad, P.O.- Rohini, P.S.- Jasidih, Dist.- Deoghar, Jharkhand. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. Shailesh Poddar, Advocate For the State : Mr. Arup kr. Dey, A.P.P. ------ 02/19.02.2025 Heard the parties. 2. The petitioner has been made accused in connection with Jasidih P.S. Case No. 245/2024 corresponding to POCSO Case No. 42/2024, for the offences registered under Sections 376D, 376(2)(n) & 313 of the I.P.C. subsequently charges rectified under Sections 70(1), 64(2)(m) & 89 of the B.N.S., 2023 and Section 6 of the POCSO Act, pending in the Court of learned A.S.J.-III-cum-Special Judge, POCSO, Deoghar. 3. On 06.12.2023, the named accused persons are alleged to have raped the prosecutrix. It appears that subsequently accused Karan Kumar, on the pretext of marriage, continued to sexually exploit her. The prosecutrix became pregnant and ultimately accused Karan Kumar refused to marry her. 4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not named in the F.I.R. Subsequently, the prosecutrix named the petitioner in her restatement. It was further submitted that initially, the first occurrence that the accused persons had raped the prosecutrix was reported to police after eight months. 5. In view of the submissions made above, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned A.S.J.-III-cum-Special Judge, POCSO, Deoghar in connection with Jasidih P.S. Case No. 245/2024 corresponding to POCSO Case No. 42/2024. (Ambuj Nath, J.) Rahul/-