Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:28275 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7682 of 2026
Suraj Kumar, aged about 18 years, S/o Radhe Krishna Ram, resident of Village-Nawadih, P.O. & P.S.-Tarhasi, District-Palamau, Jharkhand.
… … Petitioner
Versus
The State of Jharkhand
… … Opposite Party ---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate
For the State : Ms. Kumari Rashmi, APP
For the Informant : Mr. Soumitra Baroi, Advocate
06/18.09.2026
1. Heard the learned counsel appearing on behalf of the parties.
2.
Learned counsel for the petitioner submits that the petitioner is in custody since 18.05.2026 in connection with Tarhasi P.S. Case No. 52 of 2026 for the alleged offence registered under Section 103(1), 70(2), 238 and 3(5) of BNS and under Section 6 of POCSO Act pending in the court of learned Exclusive Special Judge, POCSO Palamau at Daltonganj.
3.
Learned counsel for the petitioner has submitted that the case was registered for alleged offence under Section 103(1), 70(2), 238, 3(5) of BNS and Section 6 of POCSO Act. However, the charge-sheet has been submitted on 15.07.2026 under Section 107 of BNS. Learned counsel for the petitioner has submitted that the petitioner is in custody since 18.05.2026, has no criminal antecedent and the records of the case show that in paragraph 117 of the case diary, one of the witnesses has stated that the deceased used to talk to the petitioner for which she was scolded by her parents. However, she called the petitioner from another phone and the petitioner called her in his house when nobody was there.
4.
Learned counsel appearing on behalf of the opposite party-State and the informant have opposed the prayer for bail and has submitted that the punishment prescribed under Section 107 of BNS for
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abetment of suicide of a child, person of unsound mind, is to the extent of death, imprisonment for life, or imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
5.
Learned counsel for the State and the informant vehemently opposed the prayer for bail and have submitted that the petitioner is a major and the deceased, who committed suicide, was only 14 years of age on the date of occurrence. However, admittedly charge-sheet has not been submitted for any offence relating to gang rape so far.
6. After hearing the learned counsel for the parties, the fact remains that the petitioner and the deceased were in talking terms. Though it is alleged in the first information report that rape was committed, but charge-sheet has not been submitted for the offence of rape and the dead body was found in a well.
7. An order was passed by this Court on 03.09.2026 directing the State to produce the FSL report. Learned counsel for the State has submitted that the FSL report is not ready and it will take quite some time.
8. Considering the aforesaid facts and circumstances and charge sheet having been submitted, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO Palamau at Daltonganj in connection with Tarhasi P.S. Case No. 52 of 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 his 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
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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 court below.
9. The instant bail application is allowed with the aforesaid conditions.
10. Let a copy of 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.) 18.09.2026 Rakesh/- Uploaded on:-19.09.2026