Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1666 of 2025
------ Sohail Khan aged about 17 years 7 months (minor) S/o Sajjad Khan R/O Village Maulana Azad Colony, P.O. + P.S.- Namkum, District Ranchi through his Grandfather Mohmmad Kasim aged about 55 years S/o Late Shaukat Ali R/o Kantatoli, Purulia Road, P.O.- G.P.O, P.S.- Lowar Bazar, District- Ranchi, Jharkhand-
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Anup Kr. Agarwal, Advocate
Mr. Vishnu Kr. Sharma, Advocate
Mr. Ashutosh Kumar, Advocate
For the State
: Mr. Rakesh Ranjan, Addl.P.P
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Order No.02 Dated-17-03-2025
Heard the parties.
Apprehending his arrest in connection with Namkum P.S. Case No.545 of 2023 instituted under Sections 366/376(3)/376(2)(n)/506 of the Indian Penal Code, Section 4/6 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 has committed penetrative sexual assault upon the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that as mentioned in the order dated 08.01.2025 passed in A.B.P. No.3221 of 2024 by the AJC-IV-cum-Special Judge, POCSO Act Cases, Ranchi in the statement under Section 164 of the Code of Criminal Procedure, victim has categorically stated that she only talked with the petitioner and the petitioner has not committed any wrong with her. It is next submitted that the petitioner is minor and his date of birth is 14.06.2007 as per the school transfer certificate. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of her family members 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned AJC-IV, Ranchi in connection with Namkum P.S. Case No.545 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 or any of her family member 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.) Saroj/