2026:JHHC:19061 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5839 of 2026 Md. Kalim Ansari @ Kalim, Aged about 30 years, Son of Md. Samsuddin Ansari … … Petitioner Versus The State of Jharkhand … ... Opp. Party --- CORAM : HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Manish Kumar, Advocate For the State : Mr. Sanjay Kumar Srivastava, APP For the Informant : Mr. Imran Ansari, Advocate --- 05/30.06.2026 Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 17.04.2026 in connection with Barkatha P.S. Case No. 58 of 2026 for the offences registered under Section 69 of the B.N.S. 2023, pending in the Court of learned Judicial Magistrate 1st Class, Hazaribagh. 3. Learned counsel for the petitioner submits that as per the FIR, it appears that there was consent for physical relationship between the petitioner and the victim, and it is alleged that when the petitioner refused to marry, the FIR was registered. He has submitted that in the FIR, the first instance of a consensual relationship was happened around two years back. 4. Learned counsel for the informant has submitted that at the time of FIR the victim was major aged 19 years but at the time of first incident two years back, she was a minor and the petitioner has suppressed that he is already married. 5. Learned counsel for the opposite party-State has opposed the prayer and submits that the chargesheet has been submitted only under Section 69 of BNSS and not under POCSO. 6. After hearing the learned counsel for the parties and considering the submissions made by the counsel for the petitioner that the chargesheet has been submitted only under Section 69 of the BNS and not under the POCSO Act and there appears to be some element of consent and the FIR has been registered when the 2 petitioner refused to marry to victim, the petitioner above named 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 Judicial Magistrate 1st Class, Hazaribagh, in connection with Barkatha P.S. Case No. 58 of 2026 on the following conditions: (i) One of the bailors would be the present pairvikar of the petitioner. (ii) The other bailor should be his close relative. (iii) 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. (iv) 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. (v) The petitioner shall fully co-operate with the proceedings before the learned court below. 7. However, it is observed that the chargesheet has not been placed on record and therefore if the learned court finds that chargesheet has been submitted also under the POCSO Act, the petitioner shall not be released on bail. 8. Let this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through FAX/e- mail. 9. The instant bail application is allowed with the aforesaid conditions. (Anubha Rawat Choudhary, J.) Dated: 30.06.2026 Uploaded on 01.07.2026 Pramanik/