2026:JHHC:2129 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11664 of 2025 ------ Raj Kumar Das, son of Late Teju Ram, resident of Village Lutta, P.O. Kadma, P.S. Katkamsandi, District Hazaribag .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Diwakar Jha, Advocate For the State : Mr. Naveen Kumar Gaunjhu, A.P.P. For the Informant : Mr. Rakesh Kumar Gupta, Advocate ------ Order No.02 / Dated : 28.01.2026 Bail petition filed on behalf of the petitioner- Raj Kumar Das, who is in custody since 07.10.2025 in connection with Telaiya P.S. Case No. 295 of 2025 for the offence registered under Sections 64(2)(m), 318(4), 115(2), 126(2), 127(2), 352, 351(2), 3(5) of Bhartiya Nyaya Sanhita, 2023 pending in the Court of learned Additional Chief Judicial Magistrate, Koderma, is pressed into motion. The prosecutrix is 31 years old lady with two children and as per the FIR, the petitioner committed rape with her under force and duress and also on false promise of marriage. It is argued by the learned counsel on behalf of petitioner that the alleged first incidence took place in April, 2024, whereas the FIR has been lodged on 26.09.2025, after more than 1½ years. It was consensual affair and therefore, due to delayed FIR, the offence of rape will not be made out. The relationship as per the FIR continued, but at no stage the prosecutrix objected to it. Learned A.P.P. assisted by the learned counsel on behalf of the informant opposed the bail petition. It is submitted that in the facts and circumstance of the case, prima facie case under Section 69 of the BNS is made out. The prosecutrix is 31 years old lady with two children and there is delay of 1½ years in lodging the FIR and in the meantime, physical relationship continued. Under the circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below. (Gautam Kumar Choudhary, J.) Anit Uploaded 29.01.2026