Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:19754 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4286 of 2026
Bittu Kumar, aged about 21 years, S/o Vijay Ram, R/o Village- Khandol, PO- Phulari, PS- Sandesh, District- Bhojpur, Bihar. … … Petitioner
Versus
The State of Jharkhand. …
… Opp. Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. Prashant Kr. Rai, Advocate
For the State : Mr. Vijoy Kr. Sinha, APP
---
05/06.07.2026 Heard the learned counsel appearing on behalf of the parties. 2. The learned counsel for the petitioner submits that the petitioner is in custody since 30.04.2025 in connection with Bagodar P.S. Case No.94 of 2025 (POCSO Case No.83 of 2025) for the offence registered under Sections 87 / 3 (5) of the B.N.S. 2023 and the case is pending in the court of learned Special Judge, POCSO Act, Giridih. 3. The learned counsel for the petitioner submits that petitioner is in custody since 30.04.2025 and prayer for bail of the petitioner was earlier rejected by the Co-ordinate Bench vide order dated 24.09.2025 in BA No.5857 of 2025. 4. He further submits that the victim has turned hostile and has refused for her medical examination. He submits that next date of the case is 09.07.2026. 5. The learned counsel for the opposite party-State has opposed the prayer and has submitted that as per the report received from the concerned Trial Court, only one witness remains to be examined. 6. He has further submitted that he has filed the counter-affidavit before this Court and has submitted that Mukhia has given a certificate that the mental condition of the remaining witness to be examined is not proper and his wife has also stated that he has not been produced before the court as his mental condition is not good. The learned counsel has submitted that the Doctor has stated that due to illness, the said witness is unable to depose before the learned Trial Court. 7. After hearing the learned counsel for the parties, this Court finds that the State has expressed that it has certain difficulty to produce the remaining witness before the Trial Court. ( 2026:JHHC:19754 )
8. The learned court is directed to take appropriate steps so that the evidence of the remaining witness is also recorded in accordance with law. 9.
The evidence of the victim has been brought on record by the petitioner and it is submitted that the victim has turned hostile. However, in view of the fact that only one witness remains to be examined and the trial is at the fag end and the bail application of the petitioner has been rejected on merits earlier , this Court is not inclined to enlarge the petitioner above named on bail. Accordingly, prayer for bail of the petitioner above named is rejected. 10. Let this order be communicated to the court concerned through FAX/e-mail. (Anubha Rawat Choudhary, J.) 06.07.2026 Uploaded sandeep/-