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2026 DAILYLAW 13276 (JHR)

SUKU PAHARIYA v. THE STATE OF JHARKHAND

B.A./4161/2026 · 2026-05-15

Anubha Rawat Choudhary

body2026

Judgment text

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( 2026:JHHC:15193 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4161 of 2026 Suku Pahariya son of Videshi Pahadiya @ Vidasi Pahadiya … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Saurav Kumar, Advocate For the Opp. Party : Mr. Rakesh Kumar Sinha, A.P.P. 06/15.05.2026 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 Barhait P.S. Case No. 128 of 2025, for the offences registered under Sections 66 and 238 of the B.N.S. 2023, pending in the court of learned SDJM at Sahibganj. 3. Learned counsel for the petitioner submits that FIR itself has been lodged on information received from another person wherein it is alleged that the petitioner and the mother of the informant had gone together to consume alcohol and the said person had seen the petitioner committing wrong upon the victim. This happened on 28.08.2025 and thereafter the victim was missing and ultimately the case was filed on 30.08.2025 when the informant saw the dead body of his mother in the forest. The learned counsel for the petitioner submits that except confessional statement of the petitioner, there is nothing against the petitioner and he is in custody since 31.08.2025. 4. Learned counsel for the opposite party-State has opposed the prayer and has submitted that the petitioner has committed rape upon the victim and the dead body of the victim was found in the forest and that the informant claimed that the petitioner had committed rape and strangulated her mother. 5. During the course of hearing, the learned counsel for the State has produced the post mortem report and has submitted that cause of death could not be ascertained and some sample has been sent to FSL, Ranchi. 6. Considering the aforesaid facts and circumstances and the fact that the petitioner has been primarily made accused on the ( 2026:JHHC:15193 ) 2 confessional statement and so far as the mother of the victim is concerned, cause of death could not be ascertained from the post mortem report, the petitioner, above named, being in custody since 31.08.2025, is directed to be enlarged on bail on his furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM at Sahibganj, in connection with Barhait P.S. Case No. 128 of 2025, on the following conditions: (i) Both the bailors would be the close relatives of the petitioner. (ii) The petitioner will attend the court on each and every date and on account of his single default, the learned court shall cancel the bail bond furnished by the petitioner. (iii) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court. (iv) The petitioner shall fully co-operate with the proceedings before the learned court below. 7. However, the FSL, Ranchi is directed to send the report of the sample to the concerned court at the earliest. 8. The instant bail application is allowed with the aforesaid conditions. 9. Let this order be communicated to the court concerned through FAX/e-mail. 10. Let a copy of this order be also forwarded to FSL Ranchi to ensure compliance. (Anubha Rawat Choudhary, J.) Dated: 15.05.2026 Uploaded on:16.05.2026 Binit/