2026:JHHC:11537 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3384 of 2026 Chotrai Sardar @ Chotray Sardar @ Capsule, son of Raghunath Sardar … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Rajesh Kumar Mishra, Advocate : Mr. Praveen Kr. Pandey, Advocate For the Opp. Party : Mr. Naveen Kumar Ganjhu, APP --- 05/21.04.2026 Heard the learned counsels appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 26.10.2025 in connection with Jagannathpur P.S. Case No. 62 of 2025 corresponding to Special (POCSO) case no. 57 of 2025 (MCA No. 262 of 2026), registered under Section 70(2) of Bharatiya Nyaya Sanhita, 2023 and section 4(2) of POCSO Act, now pending in the court of learned Additional Sessions Judge-II cum Special Judge POCSO Act cases, West Singhbhum at Chaibasa. 3. Learned counsel for the petitioner further submits that though it is a case of gang rape, but the victim who has been examined before the court, has not identified the petitioner by face. He further submits that though the mother of the victim has stated that she identifies the petitioner, but the victim did not disclose the name of the culprits, rather her nephew had disclosed the name. 4. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer and has submitted that there is serious allegation against the petitioner and the petitioner may not be enlarged on bail and the trial is also going on. 5. After hearing the learned counsel for the parties and considering the serious nature of allegation against the petitioner, who is a named accused in the present case coupled with the fact that the victim was only 12 years of age on the date of occurrence and that the trial is going on, this Court is not inclined to enlarge the petitioner on 2026:JHHC:11537 2 bail and hence, this bail application is rejected. 6. However, the State is directed to ensure that the witnesses are promptly produced before the learned court. 7. Learned counsel for the State is directed to communicate this order to the Director, Prosecution and also to the Superintendent of Police of the concerned district to ensure compliance. 8. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:21.04.2026 Pankaj Date of Uploading:21.04.2026