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2026 DAILYLAW 1024 (JHR)

RAKESH DOM v. THE STATE OF JHARKHAND

B.A./11548/2025 · 2026-02-19

Rongon Mukhopadhyay

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Judgment text

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2026:JHHC:4966 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11548 of 2025 Rakesh Dom --- --- Petitioner Versus The State of Jharkhand --- --- Opposite Party --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioner : Mr. Divyansh Krishna, Adv. For the O.P. : A.P.P. --- 03/19.02.2026 Heard Mr. Divyansh Krishna, learned counsel for the petitioner and learned A.P.P. The petitioner is an accused in connection with Ketar P.S. Case No. 55 of 2025. It has been alleged that the petitioner who was stalking the informant for some time had finally managed to force himself into her room in the night and had established physical relationship with her. Submission has been advanced by the learned counsel for the petitioner that the informant is a major and, in fact, the tenor of evidence of the witnesses examined during investigation including that of the husband of the informant reveals that there was a consent on the part of the informant. Learned counsel submits that the petitioner is in custody since 23.07.2025. Learned A.P.P. has opposed the prayer for bail of the petitioner. It appears from the statement of one Chhotu Kumar and some others that on hearing some sound, they had entered into the room of the informant and had found the petitioner committing rape upon the informant. They have also stated about apprehending the petitioner at the spot while he was trying to flee away. The statement of the husband of the informant is recorded at para 34 of the Case Diary from which it appears that the informant was not present in his house and was subsequently informed by his brother Chhotu Kumar about the incident. This -1- witness has stated about the disclosure made by the informant to him from which it appears that the petitioner had called on the mobile of the informant after getting acquainted with her which fact, however, has been denied by the informant to the effect that she has never possessed any mobile phone. The statement of the husband of the informant and the contradictions appearing therein does seem to emit a consent on the part of the informant allowing the petitioner to establish physical relationship with her. On consideration of the aforesaid facts, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Nagar Untari, Garhwa in connection with Ketar P.S. Case No. 55/2025. This application stands allowed. (Rongon Mukhopadhyay, J.) Dated- 19th February, 2026. Preet/- Uploaded on: 20 /02//2026. -2-