2026:JHHC:16700 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3742 of 2026 Md. Jibrail @ Md. Jibrail Ray, son of Md. Jakir … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Manoj Kr. Sah, Advocate For the Opp. Party : Mr. Purnendu Kr. Jha, Advocate : Mr. Someshwar Roy, Advocate --- 08/10.06.2026 Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 04.01.2026 in connection with Basantrai P.S. case No.92/2025 in Special (POCSO) Case No.08/2026, registered under Sections 115(2), 118(1), 70(1), 75(2), 109(1) of Bhartiya Nyaya Sanhita, 2023 and Section 4 & 6 of the POCSO Act, now pending in the court of learned District Sessions Judge – 1st – cum – Special Judge, Godda. 3. The learned counsel for the petitioner submits that though there is allegation of gang rape in the present case and the petitioner is named accused, but the victim has not been medically examined on the point of rape. However, she has been medically examined so far as other injuries are concerned. He has also submitted that the co- accused namely Md. Jahir Mansuri @ Md. Jahir has been enlarged on bail by the learned court itself vide order dated 19.02.2026. During the course of argument, the learned counsel for the petitioner has also submitted that about 2 to 3 witnesses have been examined before the learned court, but the victim has not been examined so far. 4. The learned counsel for the State has opposed the prayer for bail and submitted that there is direct and specific allegation against the petitioner. 5. After hearing the learned counsels for the parties and considering the direct and specific allegation made against the petitioner on the point of gang rape of the victim aged about 15 years, 2026:JHHC:16700 2 this Court is not inclined to enlarge the petitioner on bail. 6. So far as grant of bail to the co-accused is concerned, he has been granted bail on the ground that the victim in her statement made under Section 180 BNSS had not specifically named Md. Jahir Mansuri. However, it is surprising that the learned court has not taken into consideration the statement of the victim recorded under Section 183 BNSS. 7. The statement of the victim recorded under Section 183 BNSS has been placed on record wherein specific allegation has been made not only against the present petitioner, but also against the co-accused who was enlarged on bail by the learned court. 8. The trial has already commenced. The State is directed to ensure that the witnesses are promptly produced before the court. 9. The learned counsel for the State is directed to communicate this order to the Superintendent of Police of the concerned district and also to Director, Prosecution to ensure compliance. 10. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:10.06.2026 Saurav Date of Uploading:10.06.2026