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2026 DAILYLAW 14444 (JHR)

NAVIN MISTRY v. STATE OF JHARKHAND

B.A./11256/2025 · 2026-01-14

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:888 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.11256 of 2025 Navin Mistri, aged about 20 years, son of Ramchandra Badhai, Resident of Village- Simarapatal, P.O. Gawan, P.S. – Gawan, District – Giridih (Jharkhand) …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Amit Sinha, Advocate For the State : Ms. Nehala Sharmi, Spl. P.P. ------ 2/14.01.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State through V.C. 2. The petitioner is seeking regular bail, in connection with Gawan (Muffasil) P.S. Case No.55 of 2025, corresponding to POCSO Case No.93 of 2025, registered for the offence under Sections 137(2), 96 r/w 3(5) of BNS and after submission of chargesheet, cognizance of offences u/s 96, 64(2)(m) of BNS and Sections 4 and 6 of the POCSO Act, 2012 has been taken, pending in the court of learned Special Judge, POCSO Act, Giridih. 3. Learned counsel appearing for the petitioner submits that the allegation is made against the petitioner of taking away 16 years old girl, however, she has gone out of her own will and she has stated the same under Section 183 of BNSS and she has also stated that she has returned after knowing the institution of the present case. He next submits that the petitioner is in custody since 25.05.2025 and the petitioner has got no criminal antecedent as disclosed in Para -14 of the petition. 4. Learned counsel appearing for the State through V.C. has 2026:JHHC:888 2 opposed the prayer and submits that it is immaterial whether the consent is there as the girl was minor. 5. Considering that the petitioner is in custody since 25.05.2025 and the victim has herself stated under Section 183 of BNSS that she given her consent and she has gone out of her own will and she has returned back after knowing the institution of the case and that has come in the order of the learned Sessions Judge and the petitioner has got no criminal antecedent as disclosed in Para -14 of the petition , I am inclined to release the petitioner on regular bail. 6. Accordingly, the petitioner, named above, is directed to be released on regular 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 Special Judge, POCSO Act, Giridih, in connection with Gawan (Muffasil) P.S. Case No.55 of 2025, corresponding to POCSO Case No.93 of 2025. (Sanjay Kumar Dwivedi, J.) 14.01.2026 R.Kumar