Jharkhand High Court
B.A./8079/2026 of MOHAN CHALAK Vs THE STATE OF JHARKHAND on 23 September 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8079 of 2026 Mohan Chalak, aged about 25 years, Son of Late Rajendra Chalak, resident of Village Brindavan, P.O. Nonihat, P.S. Hansdiha, District- Dumka (Jharkhand) … … Petitioner Versus The State of Jharkhand …
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2026:JHHC:28608
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8079 of 2026
Mohan Chalak, aged about 25 years, Son of Late Rajendra Chalak, resident of Village Brindavan, P.O. Nonihat, P.S. Hansdiha, District- Dumka (Jharkhand)
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. Suraj Singh, Advocate
For the Opp. Party : Mrs. Anuradha Sahay, APP
---
04/23.09.2026
Heard the learned counsels appearing on behalf of the parties.
2. Learned counsel for the petitioner submits that the petitioner is in custody since 19.04.2026 in connection with Special POCSO Case No. 31 of 2026 arising out of Hansdiha P.S. Case No. 35 of 2026, registered for the offence under section 96 of Bhartiya Nyaya Sanhita, 2023, now pending in the court of learned Additional Sessions Judge- I Cum Special Judge (POCSO), Dumka. He submits that cognizance has been taken of the offence under sections 96, 137 (2) of Bhartiya Nyaya Sanhita, 2023 and under section 8 of Protection of Children from Sexual offences Act, 2012.
3. Learned counsel for the petitioner further submits that the victim was aged 17 years 02 months and 14 days on the date of the alleged occurrence and the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 reveals that she has stated that the petitioner was her boyfriend. The petitioner is 25 years of age.
4. Learned counsel for the petitioner thereafter submits that as per the allegation, the ladies of the house of the petitioner had taken the victim girl to their house and the petitioner also accompanied. The petitioner put vermillion on her head and they retained the girl in their house for a couple of days. Thereafter, the girl was taken to the house of another person and her maternal uncle was called and subsequent thereto, the police have recovered the girl.
5. Learned counsel for the petitioner has also submitted that charge sheet has already been submitted and the case is at the stage of evidence.
2026:JHHC:28608
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6. Learned counsel for the state has opposed the prayer for bail and has submitted that the victim was minor, but the fact that the victim herself stated that the petitioner was her boyfriend in her statement recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, is also not in dispute. The charge sheet has already been submitted.
7. After hearing the learned counsels for the parties and considering the fact that the victim has not made allegation of any sexual assault in her statement recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 and charge sheet has already been submitted, 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 Additional Sessions Judge- I Cum Special Judge (POCSO), Dumka in connection with Special POCSO Case No 31 of 2026 arising out of Hansdiha P.S. Case No. 35 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.
8. The instant application is allowed with the aforesaid conditions.
9. 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:23.09.2026 Pankaj Date of Uploading:28.09.2026