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2026 DAILYLAW 12100 (JHR)

MD TABARAK v. THE STATE OF JHARKHAND

B.A./3084/2026 · 2026-05-13

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:14682 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3084 of 2026 Md. Tabarak, S/O- Mustafa Sheikh … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Pratiush Lala, Advocate For the Opp. Party : Mr. Rakesh Kumar Sinha, APP For the victim : Mr. Lalit Yadav, Advocate --- 03/13.05.2026 Heard the learned counsels appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody in connection with Madhupur P.S. Case No. 24 of 2026, registered under Sections 87, 64(2)(k) and 64(2)(m) of Bharatiya Nyaya Sanhita, now pending in the court of learned Civil Judge (Sr. Div.-I)-cum-A.C.J.M., Madhupur. 3. Learned counsel for the petitioner submits that the petitioner is in custody since 10.02.2026 and charge-sheet has already been submitted. He submits that the statement of the victim reveals that she wants to stay with the petitioner. He submits that both the petitioner and the victim are differently abled persons. 4. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer for bail and has submitted that upon complete reading of the statement of the victim, whose statement was recorded with the help of an interpreter, there is allegation of rape against the petitioner. 5. Learned counsel for the victim has also opposed the prayer for bail. 6. After hearing the learned counsels for the parties and upon going through the statement of the victim recorded under section 183 of Bharatiya Nagarik Suraksha Sanhita wherein she has supported the prosecution case, this Court is not inclined to enlarge the petitioner on bail and hence, this bail application is rejected. 7. However, the State is directed to ensure that the witnesses are 2026:JHHC:14682 2 promptly produced before the learned court. 8. Learned counsel for the State is directed to communicate this order to the Director, Prosecution and also to the Superintendent of Police of the concerned district to ensure compliance. 9. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:13.05.2026 Pankaj Date of Uploading:14.05.2026