Allowed¶17

Raj Kumar Singh v. the State of Jharkhand

Jharkhand HC6 Aug 2024B.A./3813/2024

Case brief

AI extract

What is this about?

Raj Kumar Singh v. State of Jharkhand, B.A. No. 3813 of 2024, High Court of Jharkhand at Ranchi, Order dated 6th August, 2024 by Justice Subhash Chand. Bail granted in a POCSO/IT Act obscene-video case (Taljhari P.S. Case No.22 of 2022; Special POCSO Case No.06 of 2024; charges under S.509 IPC, S.66E/67(A) I.T. Act, S.15(2) POCSO Act). Key facts: FIR primarily against Sumit Kumar Mandal; petitioner implicated via SIM No.8271815511 allegedly used to forward the video; mobile phone never seized. Relief: bail on bond of Rs. 25,000 with two like sureties.

What did the court decide?

Release of the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case. ¶17

Raj Kumar Singh Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3813 of 2024

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Raj Kumar Singh, son of Birbal Singh, aged about 25 years, R/o Village Govindpur, Kurmahat, P.O. Kurmahat, P.S. Hansdiha, District Dumka

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...... Petitioner

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Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioner : Mr. Onkar Nath Tewary, Advocate For the State : Mr. Rajesh Kumar, APP --------

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Order No.09 /Dated: 6^th August, 2024 1. Heard learned counsel for the petitioner and learned APP for the

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State.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Taljhari P.S. Case No.22 of 2022, (Special POCSO Case No.06 of 2024) registered under sections 376, 366A of the Indian Penal Code, Sections 4, 8 and 12 of the POCSO Act and Section 67 of the I.T. Act and charges has been framed under Sections 509 of the Indian Penal Code, Sections 66E/67(A) of the I.T. Act and Section 15(2) of the POCSO Act, pending in the court of learned Additional Sessions JudgeI-cum- Special Judge, Dumka.

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The FIR of this case was lodged by the victim with these allegations that she had been sexually exploited by one Sumit Kumar Mandal on the pretext of marriage. On 10.04.2022, he came to the house of informant and with intent to commit rape, kidnapped her. Thereafter, he left her on intervention of villagers and a panchayat was also held on that very issue. In order to defame the informant and also that she could not marry with any other person, he made obscene video viral on social media, which he had clicked earlier.

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This FIR was lodged against the accused Sumit Kumar Mandal and all the allegations are made against Sumit Kumar Mandal. The name of the petitioner transpired on the basis of SIM, which belong to him, by which, the obscene video was made viral.

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The learned APP for the State opposed the contentions made by the learned counsel for the petitioner and contended that the SIM No.8271815511

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belong to the present petitioner Raj Kumar Singh in view of paragraph No.33 of the supplementary case diary and in view of paragraph No.26 of the case diary, the video was forwarded by SIM No.8271815511.

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Admittedly, the mobile phone, in which this SIM was used and the obscene video was made viral, the same was not seized.

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In view of the above, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

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(Subhash Chand, J.)

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Madhav/-

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Raj Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raj Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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