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2026 DAILYLAW 5808 (JHR)

MANTU RAI v. THE STATE OF JHARKHAND

B.A./1909/2026 · 2026-04-09

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:10149 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1909 of 2026 Mantu Rai, S/o Late Hari Rai … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. S.P. Roy, Advocate For the Opp. Party : Mr. Sudhir Kr. Mahto, APP --- 04/09.04.2026 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 Sessions Trial No. 181 of 2025 arising out of Jarmundi P.S. Case No. 39 of 2023, registered under Section 323/341/354/363 of the Indian Penal Code, now pending in the court of learned Additional Sessions Judge-II, Dumka. 3. Learned counsel for the petitioner further submits that the case was registered under sections 323/341/354/363 of the Indian Penal Code, but cognizance was ultimately taken under sections 363/376/323 of Indian Penal Code. He submits that as per the allegation, the petitioner had outraged the modesty of the victim who was deaf and dumb. The learned counsel has submitted that there has been previous enmity between the parties since the year, 2018 and in the First Information Report, it has also been mentioned that earlier also, the petitioner along with co-accused had committed wrong with the victim. 4. Learned counsel for the petitioner submits that the petitioner has been in custody since 03.06.2025. 5. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer and has placed the statement of the victim recorded under section 164 of Code of Criminal Procedure (in short ‘Cr.P.C.’). The learned counsel submits that on the basis of the statement as recorded, it is clear that the victim was subjected to rape. 6. After hearing the learned counsel for the parties and considering the statement of the victim as recorded under section 164 2026:JHHC:10149 2 Cr.P.C. with the aid of the interpreter, this Court is not inclined to enlarge the petitioner on bail and hence, this bail application is rejected. 7. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:09.04.2026 Pankaj Date of Uploading:09.04.2026