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2026 DAILYLAW 24830 (JHR)

ROHIT KUMAR YADAV v. THE STATE OF JHARKHAND

B.A./8186/2026 · 2026-09-02

Anubha Rawat Choudhary

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Judgment text

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2026:JHHC:26445 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8186 of 2026 Rohit Kumar Yadav, Aged about 19 years, S/O- Shri Ram Chandra Yadav, R/O- Village- Dihari, P.O- Sahibganj, P.S-Sahibganj (Mufassil), District- Sahibganj. … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Deepak Sahu, Advocate For the Opp. Party : Mr. Shiv Shankar Kumar, APP --- 06/02.09.2026 Heard the learned counsels appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 05.11.2025 in connection with the POCSO Case No. 05/2026 arising out of Sahibganj (Muffasil) P.S. Case No. 113/2025 registered under sections 96, 351(2), 352 and 3(5) of Bharatiya Nyaya Sanhita (B.N.S), 2023, now pending in the court of learned Addl. Sessions Judge-I-cum-Special Judge (POCSO Act), Sahibganj. 3. Learned counsel for the petitioner further submits that the petitioner is in custody since 05.11.2025 and charge sheet has been submitted on 30.12.2025, but till date charge has not been framed and the petitioner is languishing in jail having no criminal antecedent. He has further submitted that the statement of the victim has been recorded under Section 180 of Bhartiya Nagarik Suraksha Sanhita, 2023, wherein she has stated that there was love affair between the petitioner and the victim. The petitioner is aged 19 years and the age of the victim was 15 years on the date of the alleged occurrence as per the school document. 4. Learned counsel for the petitioner has also submitted that the victim was 17 years of age as per the medical board. He submits that though the victim appeared before the medical board and her age was mentioned as 17 years, but she denied medical examination. 5. The learned counsel for the petitioner has further submitted that the statement of the victim recorded under Section 183 of Bhartiya 2026:JHHC:26445 2 Nagarik Suraksha Sanhita, 2023 has been placed on record, wherein she has stated that she went to Howrah with the petitioner and also performed marriage, and when they came to know that the case has been instituted, they came back. 6. Learned counsel for the petitioner submits that charge sheet has been submitted and there is no likelihood of tampering with the evidence. He submits that the petitioner may be enlarged on bail considering the custody and age of the petitioner. 7. Learned counsel for the State has opposed the prayer for bail and has submitted that the victim is minor. 8. Considering the fact that the petitioner is in custody since 05.11.2025 and charge sheet has been submitted there appears to be an element of love affair between the petitioner aged 19 years and the victim, 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 Addl. Sessions Judge-I-cum-Special Judge (POCSO Act), Sahibganj in connection with POCSO Case No. 05/2026 arising out of Sahibganj (Muffasil) P.S. Case No. 113/2025, on the following conditions: (i) The petitioner shall not disturb the victim or her family members in any manner. (ii) One of the bailors would be the present pairvikar of the petitioner. (iii) The other bailor should be his close relative. (iv) 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. (v) 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. (vi) The petitioner shall fully co-operate with the proceedings before the learned trial court. 9. The instant application is allowed with the aforesaid conditions. 2026:JHHC:26445 3 10. 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. (Anubha Rawat Choudhary, J.) Date of Order:02.09.2026 Pankaj Date of Uploading: 03.09.2026