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2026 DAILYLAW 22506 (JHR)

SIPRIYAN TOPPO v. THE STATE OF JHARKHAND

B.A./6650/2026 · 2026-07-31

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:22658 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6650 of 2026 Sipriyan Toppo, son of Petrus Toppo … … Petitioner Versus State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Shadab Eqbal, Advocate : Mr. Ankit Raj, Advocate For the Opp. Party : Mrs. Vandana Bharti, APP --- 04/31.07.2026 Heard the learned counsel for the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 04.07.2025 in connection with Mahila (Simdega) P.S. Case No.20 of 2025, corresponding to POCSO Case No.30/2025, registered under Sections 65 (1) BNS read with Section 4/6 of POCSO Act, now pending in the court of learned Sessions Judge cum Special Judge POCSO, Simdega. 3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected earlier in B.A. No. 2772 of 2026 vide order dated 07.04.2026. The learned counsel submits that in the bail order itself, it was mentioned that if the petitioner files any application for his paternity test, the same can certainly be considered by the court in accordance with law. 4. The learned counsel submits that the paternity test has been conducted and report has been placed on record and it has come that the petitioner is not the biological father of the child born through the victim. Learned counsel submits that the petitioner is in custody since 04.07.2025. 5. The learned counsel for the State has opposed the prayer for bail and submitted that the report of DNA issued by FSL has not yet been taken on record till the passing of the impugned order inasmuch as the same has not been marked as exhibit. 6. To this, the learned counsel for the petitioner has submitted that it 2026:JHHC:22658 2 is for the prosecution to do the needful and place the materials on record. 7. After hearing the learned counsels for the parties and considering the fact that as per the paternity test, the child born to the victim is not the biological child of the petitioner, the petitioner is directed to be enlarged 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 Sessions Judge cum Special Judge POCSO, Simdega in connection with Mahila (Simdega) P.S. Case No.20 of 2025, corresponding to POCSO Case No.30/2025, 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:31.07.2026 Saurav Date of Uploading:01.08.2026