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2026 DAILYLAW 14599 (JHR)

SANTOSH LAKRA v. THE STATE OF JHARKHAND

A.B.A./5949/2025 · 2026-01-15

Sanjay Kumar Dwivedi

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Judgment text

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2026:JHHC:1068 --1-- A.B.A. No. 5949 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5949 of 2025 ---- Santosh Lakra, aged about 56 years, son of Rajkishor Lakra, resident of New Area Piper Toli, Argora, Ranchi, PO and PS – Argora, District – Ranchi, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Saurabh Shekhar, Advocate :- Mr. Neil Abhijit Toppo, Advocate :- Mr. Aman John Tirkey, Advocate For the State :- Mrs. Vandana Bharti, Advocate ---- 08/15.01.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Argora P.S. Case No.175 of 2025, for the alleged offences registered under Sections 376 and 506 of Indian Penal Code, Section 6 of POCSO Act and Section 79 of Juvenile Justice Act, pending in the Court of learned A.J.C. – IV-cum-Special Judge, POCSO, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner is a government employee working with the Government of India and vide office order dated 07.12.2021 the petitioner was posted in Dhanbad for rendering his duty since September 2021 to August 2023 and he was regularly residing at Dhanbad. He further submits that the petitioner provided shelter to 2026:JHHC:1068 --2-- A.B.A. No. 5949 of 2025 the victim and also admitted her in St. Louis Primary School, Harmu, where the victim has pursued her study. He then submits that the allegation in the FIR is made of sexual assault from 2nd week of May, 2022 till 1st week of March, 2025 and during such period the informant was in regular contact with her parents and she has not stated anything to the parents. He next submits that a phone call from Mobile No.9625222415 has been received by the petitioner from New Delhi whereby a demand of Rs.5,00,000/- has been demanded for getting the case compromised. He also submits that when the petitioner refused to pay the said amount thereafter the FIR has been lodged. He submits that the petitioner is in possession of audio recording the said conversation and can produce the same before the Investigating Officer as and when directed by the Court. By way of inviting the attention of the Court to the supplementary affidavit, learned counsel appearing for the petitioner submits that for demand aspect of Rs.5 lacs son of the petitioner has lodged the complaint case being Complaint Case No.33293 of 2025 in the Court of learned Chief Judicial Magistrate, Ranchi and this fact has been stated in paragraph Nos.11 to 14 of the said complaint case. He then submits that the parents of the girl are residing at Latehar and they have not made any complaint and the girl has gone to Delhi at the place of her aunt and uncle and on their instigation the present case has been lodged. He submits that not only this petitioner even the wife of this petitioner has been implicated in the case alleging 2026:JHHC:1068 --3-- A.B.A. No. 5949 of 2025 that she used to take household course from the informant. He next submits that, however, the wife has been granted anticipatory bail by this Court in ABA No.6001 of 2025. By way of inviting the attention of the Court to paragraph No.48 of the case diary learned counsel appearing for the petitioner submits that in the said paragraph medical report has been disclosed wherein no sexual assault has been found on the informant. On these grounds, learned counsel appearing for the petitioner submits that the petitioner may kindly be granted anticipatory bail. 4. Learned counsel appearing for the State opposes the prayer and submits that the informant happened to be minor and she has lodged the case and she has also repeated her statement under Sections 180 and 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 which has come in the case diary. On these grounds, learned counsel appearing for the State submits that anticipatory bail of the petitioner may kindly be rejected. 5. Looking into the contents of the FIR, it transpires that only allegation is made of sexual abuse with effect from 2nd week of May, 2022 till 1st week of March, 2025. It has been pointed out that the petitioner is a government servant and was posted in Dhanbad and he was regularly residing at Dhanbad. Parents of the victim are residing at Latehar and they have kept the victim at the residence of the petitioner at Ranchi for her better study and the accused persons happened to be their uncle and aunt. It has been stated 2026:JHHC:1068 --4-- A.B.A. No. 5949 of 2025 that from Mobile No.9625222415 a sum of Rs.5,00,000/- has been demanded for doing the compromise of the present case and for that the son of the petitioner filed complaint case before the learned C.J.M. wherein paragraph Nos.11 to 14 this fact has been disclosed. General and omnibus allegation is only made of sexual abuse and in paragraph No.48 of the case diary wherein the medical report has come that no sexual assault upon the victim has been found. 6. Large number of cases are coming in Courts wherein girls and women take undue advantage by lodging First Information Report on false allegations after indulging in long physical relationship with the accused. The time has come that Courts should be very cautious in considering such bail applications. The law is heavily biased against males. It is very easy to make any wild allegations in First Information Report and implicate anyone on such allegations as in the present case. The Court is finding that genuine cases of such sexual offences are now exception. The general rule is of false implication in cases of sexual offences. Implication in case of sexual offence is a sure shot way of punishment before trial. Bails are normally not granted easily and early. In cases where implication is made under POCSO Act situation becomes worse. Incarceration of accused in jail for few months or for years is certain. 7. In paragraph No.48 of the case diary, the medical report is not supporting the version of the informant and in view of that I am 2026:JHHC:1068 --5-- A.B.A. No. 5949 of 2025 inclined to provide anticipatory bail to the petitioner. 8. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on 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 A.J.C. – IV-cum- Special Judge, POCSO, Ranchi in connection with Argora P.S. Case No.175 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 9. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and the petitioner shall cooperate in the investigation. (Sanjay Kumar Dwivedi, J.) Dated 15.01.2026 Sangam/