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2026 DAILYLAW 20164 (JHR)

XXXX v. THE STATE OF JHARKHAND

B.A./5122/2026 · 2026-07-14

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:20802 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5122 of 2026 XXXX … … Petitioner Versus State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the Informant : Mr. Lalit Yadav, Advocate For the State : Mr. Rajneesh Vardhan, Advocate --- 03/14.07.2026 Heard the learned counsel for the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 05.03.2026 in connection with Ranka P.S. Case No.32/2026, registered under Sections 65(1), 352, 351 (2) and 351 (3) of BNS 2023 and under Sections 4 and 6 of POCSO Act, now pending in the court of learned Special Judge POCSO Court, Garhwa. 3. The learned counsel for the petitioner submits that the petitioner is in custody since 05.03.2026 and the charge sheet has been submitted. 4. The learned counsel submits that as per the allegation there is delay in filing of F.I.R. by 6 days and the statement of the victim has been recorded under Section 180 BNSS wherein she submitted that the petitioner committed rape upon her and she also sustained injury on her private part. He further submits that the medical report does not support any injury on private part and no proof of recent intercourse has been recorded. 5. The learned counsel for the State and the informant has opposed the prayer for bail and submitted there are direct and specific allegations against the petitioner. It is further submitted that the victim is 15 years of age, the trial has commenced and one witness has already been examined. 6. The records of the case reveal that as per the letter issued by the learned court, it has been stated that the statement of the victim under Section 183 BNSS could not be recorded as the victim was unable to 2026:JHHC:20802 2 speak before the learned Judicial Magistrate at the time fixed for recording her statement. The order sheet of the court reveals that the victim remained completely silent and did not speak before the court. 7. After hearing the learned counsels for the parties and considering the medical examination report of the victim, wherein no injury at all was found, which was conducted on 05.03.2026 and on the same day, the statement of the victim was recorded by the police, and further that the charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/-(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO Court, Garhwa in connection with Ranka P.S. Case No.32/2026, 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 even 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 trial court. 8. The instant application is allowed with the aforesaid conditions. 9. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:14.07.2026 Saurav Date of Uploading:14.07.2026