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2026 DAILYLAW 24496 (JHR)

NAUSHAD KHAN v. THE STATE OF JHARKHAND

B.A./7042/2026 · 2026-08-25

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:25700 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7042 of 2026 Naushad Khan, aged about 21 years, Son of Khalil Khan, Resident of Village Sarmatand, P.O-Sarmatand, P.S. Jainagar, District-Koderma, Jharkhand … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Mritunjay Chaudhary, Advocate For the Opp. Party : Mr. Shree Prakash Jha, APP For the Informant : Mr. Sarvendra Kumar, Advocate --- 03/25.08.2026 Heard the learned counsels appearing on behalf of the parties. 2. Counter affidavit has been filed during the court proceedings, which is taken on record. 3. Learned counsel for the petitioner submits that the petitioner is in custody since 28.01.2026 in connection with Special POCSO case No-03/26 arising out of Telaiya P.S. Case No. 32 of 2026 registered for the alleged offences under Sections 74 and 76 of the Bharatiya Nyaya Sanhita, 2023 and sections 8/12 of the POCSO Act, now pending in the court of learned Addl. Sessions Judge-I-cum-Special Judge (POCSO), Koderma. 4. Learned counsel for the petitioner further submits that the police arrested the petitioner on 26.01.2026, the First Information Report was lodged on 27.01.2026 and the petitioner was taken in judicial custody since 28.01.2026. He submits that the police had come at the place of occurrence and had arrested the petitioner on 26.01.2026 itself. 5. The learned counsel for the petitioner also submits that the petitioner has been falsely implicated in this case. 6. Learned counsel for the informant has opposed the prayer and has submitted that the victim was 15 years of age and on being given some sweet, the victim became unconscious and ultimately obscene video of the victim was made. 7. After hearing the learned counsels for the parties and upon 2026:JHHC:25700 2 going through the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, this court finds that the victim has supported the case against the petitioner and has stated that the petitioner had given sweet to her in the name of Prasad and established physical relationship with her and also made video. The petitioner had called the victim on 26.01.2026 and ultimately, he was arrested. 8. Considering the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, this court is not inclined to enlarge the petitioner on bail and hence, this bail application is rejected. 9. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:25.08.2026 Pankaj Date of Uploading:29.08.2026