ASHISH KUMAR PANDEY @ ASHISH PANDEY v. THE STATE OF JHARKHAND
B.A./8573/2026 · 2026-10-07
Anubha Rawat Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28268 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28268 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:30050
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8573 of 2026
Ashish Kumar Pandey @ Ashish Pandey, aged about 19 years, Son of Birendra Pandey, Resident of Village-Pipraghoghar (Naitand), P.O. & P.S.-Barhi, District- Hazaribagh.
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party ---
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. Gautam Kumar Pandey, Advocate
: Mr. Rajan Kumar, Advocate
For the State
: Mr. Sanjay Kr. Srivastava, APP
For the Informant : Mr. Ram Lakhan Yadav, Advocate
: Mr. Ashutosh Kumar Sinha, Advocate
: Ms. Savita Kumari, Advocate
---
06/07.10.2026
Heard the learned counsels appearing on behalf of the parties.
2.
Learned counsel for the petitioner submits that the petitioner is in custody in connection with Dhanwar P.S. Case No. 101 of 2026, registered under Sections 137(2), 142 and 3/5 of Bharatiya Nyaya Sanhtia, 2023, now pending in the court of learned J.M. 1st Class, Giridih.
3.
Learned counsel for the petitioner further submits that the petitioner is in custody since 21.05.2026 and charge sheet has already been submitted. The petitioner is only 19 years of age and the victim was 17 years 3 months of age on the date of the alleged occurrence.
4.
Learned counsel for the petitioner has thereafter submitted that as per the allegation, the victim had gone with the petitioner to Hyderabad, performed marriage and had been living with him, and ultimately, she came back home with the petitioner. He also submits that the victim has stated that she still wants to live with the petitioner and she has love affair with the petitioner.
5.
Learned counsel for the state and the informant have opposed the prayer for bail and have submitted that the victim is minor and therefore, her consent has no value in the eyes of law.
6. After hearing the learned counsels for the parties and upon
2026:JHHC:30050
2
going through the statement of the victim recorded under section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, it appears that there is an element of love affair between the petitioner and the victim. Considering the aforesaid facts and circumstances and charge sheet having already been submitted and also considering the age 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 J.M. 1st Class, Giridih in connection with Dhanwar P.S. Case No. 101 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 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.
7. The instant application is allowed with the aforesaid conditions.
8. 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:07.10.2026 Pankaj Date of Uploading:08.10.2026