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2026 DAILYLAW 12430 (JHR)

RAHUL GORAI v. THE STATE OF JHARKHAND

B.A./3503/2026 · 2026-05-14

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:14925 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No 3503 of 2026 Rahul Gorai, son of Vimal Gorai … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the Opp. Party : Mr. Saket Kumar, Advocate --- 06/14th May 2026 1. Learned counsel for the petitioner submits that the petitioner is in custody in connection with Nirsa (MPL O.P.) P.S. Case No. 571 of 2025 corresponding to Special POCSO Case No. 03/2026 for the offence registered under Sections 352, 96 and 64 of BNS and Section 4 of POCSO Act, now said to have been pending in the court of learned Special Judge POCSO Act, Dhanbad. 2. The statement of the victim recorded under Section 183 of BNSS was called for from the concerned court and the same has been received, which is placed on record. 3. Learned counsel for the petitioner submits that the date of incident is 15.02.2024 and the FIR has been lodged on 27.10.2025. He submits that the petitioner has been falsely implicated in this case and he is in custody since 28.10.2025. He has further submitted that the marriage was duly solemnized and the victim stayed in the house of the petitioner about a month and thereafter the present case has been filed. He has referred to the counter-affidavit filed by the opposite party to submit that there was love affair between the petitioner and the victim and the other witnesses have also stated that there was love affair between the petitioner and the victim. 4. Learned counsel for the opposite party has opposed the prayer and has submitted that the victim was minor. The learned counsel has 2026:JHHC:14925 2 submitted that the victim has supported the prosecution case during investigation. 5. After hearing the learned counsel for the parties and upon going through the statement of the victim recorded under Section 183 of BNSS, this Court finds that admittedly the victim was minor and she has supported the prosecution case in her statement recorded under Section 183 of BNSS. In such circumstances, this Court is not inclined to enlarge the petitioner on bail. Hence, this bail application is rejected. 6. At this, the learned counsel for the petitioner submits that some observation may be made for expediting the trial. 7. The State is directed to ensure prompt production of the witnesses during trial. 8. Learned counsel for the State is directed to communicate a copy of this order to the Director, Prosecution as well as Superintendent of Police of the concerned district to ensure compliance. 9. Let a copy of this order be communicated to the court concerned through ‘e-mail/FAX’. (Anubha Rawat Choudhary, J.) Dated: 14.05.2026 Uploaded On: 15.05.2026 Mukul/-