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2025 DAILYLAW 8084 (JHR)

ABHISHEK LAKRA v. THE STATE OF JHARKHAND

B.A./2172/2025 · 2025-03-19

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2138 of 2025 ------ Sunny Innocent Bara @ Sanny, aged about 23 years, S/o Late Mohan Hendri, R/o Village-Khas Banabira, P.O. & P.S.- Muffassil District-Simdega (Jharkhand) … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party With B.A. No. 2172 of 2025 Abhishek Lakra, aged about 23 years, S/o Mohan HendriPeter Lakra, R/o village-Taisera, P.O. & P.S.-Simdega, District- Simdega (Jharkhand) … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Kripa Shankar Nanda, Advocate For the State : M/s. Rakesh Ranjan, A.P.P. ----- 02/19.03.2025 Both these Bail Applications arise out of the same police case. Accordingly, they are being disposed of by a common order. 2. Heard the parties 3. Petitioners have been made accused in connection with Special POCSO Case No. 19 of 2024 arising out of Simdega Mufassil P.S. Case No. 06 of 2024, for the offences registered under Sections 376-D of the I.P.C. and Section 4 and 8 of the POCSO Act, 2012, pending in the Court of learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Simdega. 4. On 17.06.2024, between 04:00 to 08:00 p.m., the informant and her friend were enticed away by named accused persons. They were taken to Banbira Forest Area, where the accused persons raped them. 5. Learned counsel appearing on behalf of the petitioners has submitted that the statements of both the victims have been recorded during the trial, in which both the victims have not supported the prosecution case and as such, they have been declared hostile. One of the victims has stated that the petitioner Sunny Innocent Bara had saved them and thereafter, dropped them to their home. As far as, the petitioner Abhishek Lakra is concerned, he is not named in the F.I.R. 6. In view of the aforesaid facts, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Simdega in connection with Special POCSO Case No. 19 of 2024 arising out of Simdega Mufassil P.S. Case No. 06 of 2024. 7. From perusal of the deposition of the victims, it appears that the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Simdega has written the name of the victims in the deposition. This is against the direction of the Hon’ble Supreme Court as well as this High Court, that identity of the victims should not be disclosed. Learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Simdega is directed to be careful in future. While recording the statement of the victim (s) insuch types of cases, the Special Judge will not disclose her / their identity. (Ambuj Nath, J.) Nandini/- Uploaded