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2025 DAILYLAW 7120 (JHR)

DILIP MAHTO ALIAS DILEEP MAHTO v. THE STATE OF JHARKHAND

B.A./3919/2025 · 2025-06-10

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:14993 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3919 of 2025 Dilip Mahto @ Dileep Mahto, aged about 48 Year, son of Late Balbhadra Mahto, resident of village Birjamun, Post office - Bamandiha & Police Station –Sarath, District -Deoghar, Jharkhand. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Lalit Yadav , Adv. For the State : Mr. Rakesh Kr. Sinha, Addl.PP. 02 / 10.06.2025 Heard the parties. The petitioner has been made accused in connection with Sarath P. S. case no. 83 of 2024 instituted under Sections 64, 333, 76, 351, 352 of BNS, 2023. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the prosecutrix and outraged her modesty and criminally intimidated her after committing house trespass by making preparation to assault. It is submitted that the allegation against the petitioner is false and the informant has exaggerated the allegation against the petitioner in her statement under Section 183 of BNSS, 2023. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be admitted to regular bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that keeping in view the serious allegation against the petitioner; there is every chance of the petitioners absconding, if released on bail and also there is chance of the petitioners tampering with the evidence. It is therefore submitted that the petitioner ought not be released on bail. Considering the serious nature of allegation against the petitioner and as there is every chance of the petitioners absconding, if released on bail and also the chance of the petitioners tampering with the evidence, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioners is rejected. (ANIL KUMAR CHOUDHARY, J.) Smita/-