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2026 DAILYLAW 25233 (JHR)

BABLU KUMAR v. THE STATE OF JHARKHAND

B.A./8375/2026 · 2026-09-07

Anubha Rawat Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:26820 2026:JHHC:26821 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7832 of 2026 Satyam Kumar, aged about 22 years, Son of Vijay Sao @ Bijay Saw, Resident of Village- Lamta, Post Office- Shivrajpur, P.S.-Lawalong, District- Chatra. … … Petitioner Versus 1. The State of Jharkhand 2. The Victim (Name, Address and details of the victim has been given in sealed envelope) … … Opp. Parties And B.A. No. 8375 of 2026 Bablu Kumar, aged about 18 years, S/o Late Tapeshwar Bhuiyan, Resident of Village- Lamta, Post Office- Shivrajpur, P.S.-Lawalong, District- Chatra … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Ashok Kumar Singh, Advocate [in B.A. No. 7832/2026] : Mr. Rajesh Kumar Singh, Advocate [in B.A. No. 8375/2026] For the Opp. Party : Mr. Bishambhar Shastri, Advocate --- 05/7th September 2026 1. Learned counsel for the petitioner in B.A. No. 7832 of 2026 submits that the petitioner is in custody in connection with POCSO Case No. 41/2026 arising out of Lawalong P.S. Case No. 10/2026 for the offence registered under Sections 96, 70(2) of BNS and Section 6 of POCSO Act, now said to have been pending in the court of learned Special Judge, POCSO Act, Chatra. 2. Learned counsel for the petitioner in B.A. No. 8375 of 2026 submits that the petitioner is in custody in connection with POCSO Case No. 41/2026 arising out of Lawalong P.S. Case No. 10/2026 for the offence registered under Sections 96, 70(2) of BNS and Section 6 of 2026:JHHC:26820 2026:JHHC:26821 2 POCSO Act, now said to have been pending in the court of learned Additional Sessions Judge-cum-Special Judge, POCSO, Chatra. 3. Learned counsel for the petitioners, in both the cases, submitted that the alleged occurrence took place on 28.02.2026, when the victim girl was found missing and that she returned with Bablu Kumar on 06.03.2026. The learned counsels submitted that surprisingly no information was given to the police for about six days and after she came back, she made allegations against both Satyam Kumar and Bablu Kumar. In her statement recorded under Section 183 of the BNSS, the victim has stated that she knew Bablu Kumar for last five to six months and therefore accompanied him. However, Bablu Kumar forcibly took her to another place, where she was kept in a room and where both Bablu Kumar and Satyam Kumar committed rape upon her. The learned counsels submitted that there is no material to show that the victim was minor. However, it is not in dispute that the charge has been framed on 19.05.2026 including POCSO Act. 4. Learned counsel appearing on behalf of Bablu Kumar has submitted that before the police, the victim did not make any allegation of rape against Bablu Kumar. The allegation of rape is only against Satyam Kumar. 5. Learned counsel for the State has opposed the prayer for bail and has submitted that there is direct allegation against both the petitioners of having committed rape upon the victim. The victim is yet to be examined before the learned court. 6. After hearing the learned counsel for the parties and considering the direct allegation made against the petitioners and the fact that the victim, aged about 15 years, in her statement recorded under Section 183 of the BNSS, has stated that the petitioners took her forcibly and kept her in a room, where both the petitioners committed sexual assault upon her and that the victim is yet to be examined before the learned court, this Court is 2026:JHHC:26820 2026:JHHC:26821 3 not inclined to enlarge the petitioners on bail at this stage. Hence, both the bail applications are hereby rejected. 7. To this, learned counsel for the petitioners has submitted that the charge has already been framed, but no witness has been examined so far. He submits that some observation be made. 8. The State is directed to ensure prompt production of the witnesses before the learned court. 9. Learned counsel for the State is directed to communicate a copy of this order to the Director, Prosecution as well as Superintendent of Police of the concerned district to ensure compliance. 10. Let a copy of this order be communicated to the court concerned through ‘e-mail/FAX’. (Anubha Rawat Choudhary, J.) Dated: 07.09.2026 Uploaded On: 08.09.2026 Mukul/-