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2025 DAILYLAW 8762 (JHR)

MOHIT KUMAR ALIAS BADAL KUMAR ALIAS MOHIT v. THE STATE OF JHARKHAND

B.A./2397/2025 · 2025-03-27

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2397 of 2025 ------ Mohit Kumar @ Badal Kumar @ Mohit, aged about 22 years, son of Prasad Ram @ Ram Prasad Ram, resident of village- Simariya, P.O.-Banhe, P.S.-Simariya, District-Chatra … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Sushant Kumar Sinha, Advocate For the State : M/s. Pankaj Kumar, P.P. ----- 02/27.03.2025 Heard the parties 2. The petitioner has been made accused in connection with Tandwa P.S. Case No. 274 of 2024 corresponding to POCSO Case No. 07 of 2025, for the offences registered under Section 96 of the B.N.S., 2023, pending in the Court of learned Special Judge, POCSO Act, Chatra. 3. The petitioner is alleged to have enticed away 14 years old minor daughter of the informant to leave her lawful guardianship with the intention to marry her. 4. It was submitted that the statement of the victim has been recorded under Section 183 of the B.N.S.S., in which she has stated that she has left her lawful guardianship according to her own wish. However, it was fairly submitted that the parties had developed physical relationship. It was finally submitted that the age of the victim has been opined to be 16 years. 5. Considering the fact that the victim is a minor girl aged about 16 years, her consent for physical relationship is immaterial, I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail stands rejected. (Ambuj Nath, J.) Nandini/- Uploaded