B.A./8418/2026 of BHAGIRATH DAS Vs THE STATE OF JHARKHAND on 5 October 2026

2026:JHHC:29665

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 8418 of 2026

Bhagirath Das, aged about 20 years, S/O - Baijnath Das, R/O Village - Dighi, P.O +P.S. - Saraiyahat, District-Dumka.

… … Petitioner

Versus

The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

For the Petitioner : Mr. Rahul Ranjan, Advocate

For the Opp. Party : Mr. Santosh Kumar Shukla, APP

---

04/05.10.2026

Heard the learned counsels appearing on behalf of the parties.

2. Learned counsel for the petitioner submits that the petitioner is in custody since 08.02.2026 in connection with Special POCSO Case No. 13 of 2026 arising out of Saraiyahat P.S Case no. 23 of 2026, registered under sections 96/137(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and under section 4 of POCSO Act, now pending in the court of learned Special Judge (POCSO), Dumka.

3. Learned counsel for the petitioner further submitted that the petitioner is in custody since 08.02.2026 and the trial is going on. He submits that the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 be perused by this court while considering the bail application of the petitioner.

4. Learned counsel for the State has filed counter affidavit during the court proceedings, which is taken on record. The learned counsel for the state has submitted that a prayer has been made before the learned court to make the victim a witness in the case, and it was by mistake that the victim was not shown as a witness in the charge sheet.

5. After hearing the learned counsels for the parties and upon going through the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, this Court finds that the victim has stated that she wanted to marry the petitioner and her family members wanted to get her married to an old person and

2026:JHHC:29665

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therefore, she eloped with the petitioner and got married with the petitioner. Considering the age of the petitioner being 20 years having no criminal antecedent and the age of the victim being 16 years and also considering her statement recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, 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 Special Judge (POCSO), Dumka in connection with Special POCSO Case No. 13 of 2026 arising out of Saraiyahat P.S Case no. 23 of 2026, on the following conditions:

(i) The petitioner shall not disturb the victim in any manner whatsoever.

(ii) One of the bailors would be the present pairvikar of the petitioner.

(iii) The other bailor should be his close relative.

(iv) 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.

(v) 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.

(vi) The petitioner shall fully co-operate with the proceedings before the learned trial court.

6. The instant application is allowed with the aforesaid conditions.

7. 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:05.10.2026 Pankaj Date of Uploading:06.10.2026