2026:JHHC:5380 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.339 of 2026 ------ Lala Chand Mahato @ Mangal Mahato @ Angad Mahato, aged about 20 years, S/o Trilochan Mahato, R/o Vill-Kashidih, PO- Baburamdih, PS-Tamar, Dist-Ranchi, Jharkhand. … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Abishek Kr. Dubey, Advocate Mr. Atif Anwar, Advocate Mr. Yuvraj Singh, Advocate For the State : Ms. Ruby Pandey, APP ----- 02/ 24th February, 2026 at 10:30 AM 1. This bail application has been filed under Sections 483 and 484 of the BNSS, 2023 wherein, prayer has been made for grant of bail as the petitioner is in custody for allegedly committing offence punishable under Sections 376, 366 & 363 of IPC & Section 4, 6 & 12 of POCSO Act. 2. Heard the parties. 3. The Registrar Judicial is directed to procure the statement of the victim recorded in the POCSO case from the Court concerned, and place the same before this Court at 1:00 PM. Later on at 1:00 PM 4. From the court concerned, the deposition of the victim girl has been placed. The victim is aged about 17 years. The petitioner is aged about 20 years. 5. I have gone through the deposition of the victim. Though she states that she was forcefully taken by the petitioner who happens to be the maternal uncle (Mama) (in some relation) of the victim but she also states that she has stayed at Hyderabad with this petitioner for nearly two and half years. Though there is an allegation of establishing physical relationship which the victim claims to be forceful, but the fact which cannot be lost sight of is that she stated that she has given birth to a daughter who is of two years. The victim also stated that before the Magistrate she had given her statement but the said statement was under the threat of & coercion of this petitioner. She also stated that she had refused medical examination. 6. From the statement in paragraph No.6, I can understand that the statement which she had given before the Magistrate was in 2026:JHHC:5380 2 favour of this petitioner. 7. In cross-examination, she also stated that she had gone with this petitioner to Hyderabad and the father of this petitioner went there and brought them back. She also stated that she does know how she accompanied this petitioner to Hyderabad. She had also made several statements but I am not discussing the evidences in detail. 8. The learned APP opposes the prayer for grant of bail. 9. The fact remains that the statement of the victim has already been recorded. 10. Considering the age of the victim and this petitioner and the fact that she resided with this petitioner in Hyderabad for more than two and half years and the father of this petitioner had gone to Hyderabad and brought them back and also a daughter is born, I am inclined to grant bail to the petitioner. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge- cum-Special Judge, (POSCO Act), Seraikella-Kharswan in connection with Chowka P.S. Case No.32 of 2022 subject to the condition that one of the bailor should be the father of this petitioner and the petitioner will not enter the village of the victim and will not establish any contact with her till disposal of the trial. 11. The photocopy of the statement of the victim girl which has been produced before this Court by the Registry be sealed and tagged with this record. (ANANDA SEN, J.) 24.02.2026 SKD/Amar/CP-3 Uploaded on 25.02.2026