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2026 DAILYLAW 11718 (JHR)

DAUD ALAM ALIAS MD DAUD ALAM v. THE STATE OF JHARKHAND

B.A./10186/2025 · 2026-02-18

Gautam Kumar Choudhary

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Judgment text

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2026:JHHC:4784 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10186 of 2025 ------ Daud Alam @ Md. Daud Alam, S/o Md. Khalil, R/o Village- Bairiyachak, PO & PS Naraini, District-Godda .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mr. Aniket Jaiswal, Advocate For the State : Mrs. Priya Shrestha, APP ------ Order No.04 / Dated : 18.02.2026. Heard both the sides. This bail application has been filed on behalf of Daud Alam @ Md. Daud Alam who is in custody since 07.07.2025 in connection with Hanwara P.S. Case No. 26 of 2025 corresponding to G.R. Case No. 891 of 2025 for the offence registered under Sections 65(1) of the BNS, 2023 and cognizance has been taken for the offence under Section 65(1) of BNS, 2023 pending in the Court of learned Judicial Magistrate, First Class, Godda, is pressed into motion. As per the FIR, on 05.07.2025 in the night at 2 O’clock the prosecutrix went to sleep at night on the roof of the house in her village. It is alleged that the petitioner lifted and took her on the roof of his house and there he forcibly established physical relationship. She tried to raise alarm, but she was muffled by the petitioner and thereafter he left the place. It is said that mother came there and she informed about this incident to the mother. It is submitted by the learned senior counsel on behalf of petitioner that victim is 18 years as per the FIR itself and no physical injury was found in the medical examination report and no definite evidence of forceful or recent sexual contact was found. It is further submitted that there is no evidence to suggest that the victim raised alarm or resisted the alleged sexual assault. It is further argued that petitioner has been falsely implicated in the case because the father of the prosecutrix had entered into an agreement of sale of land in favour of the father of this petitioner, but was not executing the sale deed, hence, this case. Learned A.P.P. for the State opposed the prayer for bail. 2026:JHHC:4784 Under the circumstances, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below. (Gautam Kumar Choudhary, J.) Pawan/ Uploaded 19.02.2026