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2026 DAILYLAW 19784 (JHR)

XXX v. THE STATE OF JHARKHAND

B.A./5178/2026 · 2026-07-09

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:20393 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5178 of 2026 1. X 2. X … … Petitioners Versus The State of Jharkhand … ... Opp. Party --- CORAM : HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Randhir Kumar, Advocate For the Opp. Party : Mr. Saket Kumar, APP --- 03/ 09.07.2026 Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioners submits that the petitioners are in custody since 07.04.2026 in connection with Chandwara P.S. Case No. 47 of 2025 for the offences registered under Sections 64(2), 108 of the B.N.S. 2023 and Section 6 of POCSO Act, pending in the Court of learned Judicial Magistrate 1st Class, Koderma. 3. Learned counsel for the petitioners submits that petitioner No.1 is father of the deceased and petitioner No.2 is uncle of the deceased. The father of the deceased lodged the FIR against one Chhotelal Pandey, against whom the allegation is that he has raped his daughter and thereafter she came back and ultimately she committed suicide and died in the Hospital during treatment at RIMS, Ranchi. 4. Learned counsel for the petitioners submits that there are two confessional statements of the Chhotelal Pandey. In one statement, he has not made any allegation that the victim has ultimately died on account of assault committed by the informant and his brother and the subsequent confessional statement disclosed this fact which is apparently an after-thought. 5. The learned counsel submits that the petitioners have been falsely made accused in this case only to save the co-accused Chhotelal Pandey. The petitioners are in custody since 07.04.2026 and the charge sheet has already been submitted on 15.05.2026 on the allegation of abetment to suicide under Section 108 and 35 of BNS. 6. Learned counsel for the opposite party-State has opposed the prayer for bail and has submitted that there are witnesses who have 2026:JHHC:20393 2 found that the petitioners had assaulted the victim and ultimately she committed suicide. However, the learned counsel is not able to explain as to how and under what circumstances the confessional statement of Chhotelal Pandey was recorded twice. 7. After hearing the learned counsel for the parties and considering the aforesaid facts and circumstances, and that the charge- sheet has already been submitted, the petitioners are directed to be enlarged on bail on their furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Koderma, in connection with Chandwara P.S. Case No. 47 of 2025 on the following conditions: (i) One of the bailors would be the present pairvikar of the petitioners. (ii) The other bailor should be their close relative. (iii) The petitioners will attend the court on each and every date and on account of their single default, the learned court shall cancel the bail bond furnished by the petitioners. (iv) The petitioners will deposit a self-attested copy of their Aadhaar Card along with their mobile number before the learned court which they will not change during the pendency of the case without prior permission of the court. (v) The petitioners shall fully co-operate with the proceedings before the learned court below. 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: 09.07.2026 Uploaded on 11.07.2026 Pramanik/