ROSHAN KUMAR DAS RAUSHAN KUMAR DAS ALLIAS ROSHAN KUMAR v. STATE OF JHARKHAND
B.A./11503/2025 · 2026-01-20
Gautam Kumar Choudhary
Transfer Petitionbody2026
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[ 2026 DAILYLAW 5553 (JHR) · dailylaw.ai ]
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[ 2026 DAILYLAW 5553 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:1505 IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 11503 of 2025
------ Roshan Kumar Das @ Raushan Kumar Das @ Roshan Kumar, S/o Digamber Ram, R/o Village- Rautpara, PO- Badam, PS- Barkagon, District- Hazaribag (Jharkhand). .... .... …. Petitioner
Versus The State of Jharkhand. .... .... .... Opposite Party
………..
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
………..
For the Petitioner : M/s Faruque Ansari, Advocate
Md. Shahrukh Ansari, Abhinav Kumar, Advs.
For the State
: Mr. Shree Prakash Jha, APP
------
Order No.05 / Dated : 20.01.2026.
Heard both the sides.
The petitioner- abovenamed is in custody since 31.01.2025 in connection with Barkagaon [Hazaribag] P.S. Case No.214 of 2023 (POCSO Case No.18 of 2025 for the offence registered under Section 376 of the IPC and Section 4 of the POCSO Act.
Petitioner is aged about 22 years and as per the FIR, the victim-girl was about 15 years old and the offence of rape was committed on a false promise of marriage.
It is submitted by the learned counsel on behalf of petitioner that as per the Medico Legal examination report, the age of the victim-girl has been assessed to be 16 -17 years and it was all along consensual affair between both of them. The FIR has been lodged after four months of the alleged incidence. Petitioner is languishing in custody for about 1 years i.e. since 31.01.2025.
Learned A.P.P. for the State has opposed the prayer for bail. It is submitted that the victim/girl was minor and rape was committed on a false promise of marriage. Age of the victim as per the medical report appears to be approaching her majority and there has been inordinate delay of four months in lodging the FIR without any explanation. Under the circumstance, the above-named petitioner is
directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J.) Sandeep/ Uploaded 21.01.2026