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2026 DAILYLAW 11684 (JHR)

XYZ v. THE STATE OF JHARKHAND

B.A./544/2026 · 2026-02-04

Gautam Kumar Choudhary

body2026

Judgment text

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2026:JHHC:2938 IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 544 of 2026 ----- XYZ … …. Petitioner Versus The State of Jharkhand … …. Opp. Party ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Altmash Khan, Advocate For the State : Mr. S.K. Srivastava, A.P.P. ----- Oral Order 02 / Dated : 04.02.2026 Heard learned counsel for the parties. The petitioner named above has been made accused in connection with Lohardaga (Mahila) P.S. Case No. 15 of 2025 (Special POCSO Case No. 23 of 2025) for the offences registered under Sections 376(3), 376(2)(n) of the Indian Penal Code and Section 4 of POCSO Act, pending in the court of Additional Sessions Judge-1-cum-Special Judge, Lohardaga. It is submitted by learned counsel for the petitioner that there is delay of four years in lodging the FIR. As per the FIR, the incidence took place in 2021, whereas the case has been lodged in 2025 and at the time of lodging FIR, the prosecutrix was 19 years of age. It is alleged that some compromising photographs of the victim were taken but there is no material to substantiate the allegation. The relationship was consensual in nature. It is argued that the offence of rape will not be made out against the petitioner. Learned counsel for the State has opposed the prayer for bail. Considering the submissions advanced on behalf of the petitioner, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Court below. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra Uploaded on 05.02.2026