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Satyam Kumar Lohari v. the State of Jharkhand

Jharkhand HC6 Apr 2023B.A./378/2023

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What is this about?

Single judge High Court granted regular bail to an applicant charged with rape under POCSO and IPC 366A. The court considered the victim's hostile status, the lack of material evidence against the applicant, and released him on a bail bond with conditions.

What did the court decide?

Applicant directed to be released on bail by furnishing bond of Rs.10,000 with two sureties of like amount each, subject to conditions regarding Aadhaar and mobile number submission.

Satyam Kumar Lohari Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.378 of 2023

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Satyam Kumar Lohari … …Petitioner(s)/Applicant(s) Versus The State of Jharkhand … …Opp. Party(s) --- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR --For the Petitioner(s)/Applicant(s) : Mr. Rajesh Kumar Mahtha, Adv. For the State : Mr. N.K. Singh, A.P.P. --- 05/06.04.2023: Heard the parties.

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The applicant, who is in custody since 10.09.2022, has approached this Court for grant of regular bail in connection with Peterwar P.S. Case No.122 of 2022 (Special POCSO Case No.88 of 2022) registered for the offence under Section 366A IPC and Sections 8 and 12 of the POCSO Act.

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The applicant is an accused of committing rape on the false pretext of marriage.

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It has been submitted by the counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.

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Innocence has been claimed and participation in the trial has been assured. It has been submitted that the victim has been declared hostile and there is no material against this applicant. On the above facts, prayer for bail has been made.

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On the other hand, learned A.P.P. has opposed the prayer for bail.

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From perusal of the record, it appears that both parties are around 18 years and they are neighbour also.

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Considering the above facts, I am inclined to enlarge the applicant (s) on bail. Accordingly, the applicant(s), above named, is/are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO Act), Bokaro in connection with Peterwar P.S. Case No.122 of 2022 (Special POCSO Case No.88 of 2022) on the condition that the applicant(s) will submit self-attested photocopy of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.

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(Rajesh Kumar, J.)

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Ravi/-

Satyam Kumar Lohari v. the State of Jharkhand

Case brief

What is this about?

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Satyam Kumar Lohari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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