Dismissed¶12

Rakesh Kumbhakar Alias Rajesh Kumbhakar v. the State of Jharkhand

Jharkhand HC14 Aug 2024B.A./4264/2024

Case brief

AI extract

What is this about?

POCSO bail rejected - Jharkhand HC (B.A. 4264/2024, Subhash Chand, J.). Accused aged about 18 years sought bail in Patamda P.S. Case No.07 of 2024 (S. 376(3) IPC; Ss. 4/6 POCSO Act) before Special Judge, Exclusive (POCSO), Jamshedpur. Victim's age variously stated: 16 years (FIR), 15 years (medical evidence), above 15 years (school certificate); S. 164 Cr.P.C. statement noted love affair and refusal to marry. Bail application rejected taking into consideration the age of the victim. Keywords: statutory rape, minor victim, POCSO bail denial, East Singhbhum, Patamda.

What did the court decide?

In view of the submissions made, the materials on record and taking into consideration the age of the victim, the bail application of the petitioner is rejected. ¶12

Rakesh Kumbhakar Alias Rajesh Kumbhakar Vs… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4264 of 2024

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Rakesh Kumbhakar @ Rajesh Kumbhakar aged about 18 years son of Dharanidhar Kumbhakar resident of Chhota Susni, P.O. and P.S. Boram, District East Singhbhum ..... … Petitioner

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Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Vikesh Kumar, Advocate For the State : Mr. Shashi Kr. Verma, A.P.P. --------

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10/14.08.2024 Heard learned counsel for the petitioner and learned A.P.P. for

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the 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 Patamda P.S. Case No.07 of 2024 registered under Sections 376(3) of the Indian Penal Code and Sections 4/6 of the POCSO Act pending in the court of learned Special Judge, Exclusive (POCSO), Court, Jamshedpur.

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The F.I.R. of this case was lodged by the father of the victim with these allegations that his 16 years old daughter was coming from school after having written the exam of 10^th Class on 23^rd February, 2024 at 1.30 o’ clock. Amid the way, Rakesh Kumbhkar met to her and he was familiar with his daughter and was coming by his motorcycle. He told to his daughter that he was going towards her house and would drop her there and his daughter accordingly sit on his motorcycle. He took her towards the Jungle where he raped her. He also criminally intimidated his daughter not to disclose in regard to the occurrence to anyone. Prafulla Singh and Madhu Kumbhakar were also there who having heard cry of the victim reached there and this accused fled away.

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The statement of the victim was recorded under Section 164 Cr.P.C. in which she stated that on 23^rd February, 2024 while she was coming back after having written the exam, Rakesh Kumbhakar met her. He was also going towards the village and she sit on his motorcycle who took her towards the jungle and established physical relation with her forcibly. Thereafter the accused fled away after having criminally intimidated her. It is also stated in the ending line that both used to love each other and he

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refused to marry with her.

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In medical evidence, the age of the victim is shown 15 years and as per school certificate her age is above 15 years. In medical examination report, it has been opined that the sexual relation cannot be ruled out. The statement of the victim is also corroborated with the statement of Prafulla Singh and Madhu Kumbhkar.

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In view of the submissions made and materials on record and taking into considering the age of the victim, the bail application of the petitioner is, hereby, rejected.

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(Subhash Chand, J.)

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Rohit

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Rakesh Kumbhakar Alias Rajesh Kumbhakar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rakesh Kumbhakar Alias Rajesh Kumbhakar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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