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2025 DAILYLAW 8358 (JHR)

VIJAY KUMAR v. THE STATE OF JHARKHAND

B.A./3103/2025 · 2025-04-21

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:11798] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. 3103 of 2025 Vijay Kumar, age about 20 years, Son of Late Ishwari Ram, Resident of Village- Rishunpur, PO & PS-Jamhor, District- Aurangabad, Bihar … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Manoj Kr. No. 2 , Adv. For the State : Mr. Rajneesh Vardhan , Addl. PP 02 / 21.04.2025 Heard the parties. The petitioner has been made accused in connection with Chhattarpur PS Case No. 122/2024 (POCSO Case No. 87/2024) instituted under Sections 96, 3(5) of the Bharatiya Nyaya Sanhita. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner procured the minor victim girl by taking her, by threatening to kill her and forcibly took her to Bihar. It is submitted that the allegation against the petitioner is false. It is further 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 of the petitioner and submits that the minor victim girl has categorically stated that she was kidnapped by the petitioner by threatening her and there is every chance of the petitioner absconding if released on bail and also there is chance of the petitioner tampering with the evidence. It is therefore submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner as well as the chance of his tampering with the evidence and absconding, if released on bail, 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 petitioner is rejected. (ANIL KUMAR CHOUDHARY, J.) Smita/-