Dismissed¶¶15

Jitendar Kumar Alias Jitendra Kumar Ganjhu Alias Jitendra Ganjhu v. the State of Jharkhand

Jharkhand HC3 Jan 2025B.A./10788/2024

Case brief

AI extract

What is this about?

Bail application rejected; High Court of Jharkhand; POCSO Case No. 38 of 2024; Bashishtanagar P.S. Case No. 60 of 2023; Sections 376A, 417, 304, 506 IPC; minor victim aged 13; false pretext of marriage; pregnancy and custodial death of victim; Chatra Sessions Judge; custody since 04.04.2024; earlier bail rejected on merits; no fresh grounds; direction to expedite trial under Prevention of Children from Sexual Offences Act, 2012; Pradeep Kumar Srivastava, J.; 03.01.2025.

What did the court decide?

No relief to the petitioner; the bail prayer stands rejected. The learned Trial Court is directed to expedite the trial as per the statutory provisions of the Prevention of Children from Sexual Offences Act, 2012. ¶¶15

Jitendar Kumar Alias Jitendra Kumar Ganjhu… — Murder and Culpable Homicide | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused under Sections 376A, 417, 304 and 506 of the I.P.C. in POCSO Case No. 38 of 2024 pending before the Sessions Judge, Chatra, should be enlarged on bail.

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Court's answer

Bail refused on consideration of the gravity of the offence: the allegation is that on false pretext of marriage the petitioner established sexual relations with a 13-year-old minor girl, due to which she became pregnant and died.

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Ratio / Principle

The petitioner's bail application stands rejected; the court was not inclined to release him on bail, also noting the earlier rejection on merits and absence of fresh grounds.

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Key takeaways

The learned Trial Court is directed to expedite the trial as per the statutory provisions of the Prevention of Children from Sexual Offences Act, 2012 (title as printed in the judgment).¶¶16

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, B.A. No.10788 of 2024 (Pradeep Kumar Srivastava, J.; Order dated 03.01.2025): Regular bail application of Jitendar Kumar @ Jitendra Kumar Ganjhu @ Jitendra Ganjhu (aged about 21 years), accused under Sections 376A, 417, 304 and 506 of the I.P.C. in Bashishtanagar P.S. Case No. 60 of 2023 / POCSO Case No. 38 of 2024 pending before the Learned Sessions Judge, Chatra, REJECTED. Per the FIR, the petitioner allegedly established sexual relations with the informant's 13-year-old daughter on false pretext of marriage; she became pregnant and died on 18.08.2023 during treatment due to complication in pregnancy. The court, weighing the gravity of the offence and noting that an earlier bail application had already been rejected on merits with no fresh grounds, declined bail; petitioner in custody since 04.04.2024. Trial Court directed to expedite the trial per the statutory provisions of the Prevention of Children from Sexual Offences Act, 2012 (as printed).

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.10788 of 2024

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Jitendar Kumar @ Jitendra Kumar Ganjhu @ Jitendra Ganjhu, Aged about 21 years, Son of Suresh Ganjhu, Resident of Village- Dandai, Jori, P.O.- Kurkheta and P.S.- Bashistanagar, District- Chatra.

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… Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Abhay Kr. Chaturvedy, Adv.

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Mr. Amit Kumar Choubey, Adv. Ms. Arpana Priyadarshini, Adv. For the State : Mr. Shiv Shankar Kumar, A.P.P.

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Order No.05/Dated- 03.01.2025

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Heard learned counsel for the parties.

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The petitioner has been made accused in this case in connection with Bashishtanagar P.S. Case No. 60 of 2023 corresponding to POCSO case No. 38 of 2024 registered for offences punishable under Sections 376A, 417, 304 and 506 of the I.P.C., which is pending in the Court of Learned Sessions Judge, Chatra as POCSO Case No. 38 of 2024.

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As per FIR, allegation is that the daughter of the informant aged about 13 years was in love relationship with the petitioner, the petitioner who on false pretext of marriage established sexual relation with the victim due to which she became pregnant. After six months, when her daughter had stomach pain, then she disclosed that the petitioner has forcibly established physical relation with her and upon this the informant went to the house of petitioner to inquire about the matter. The family members of the petitioner threatened the informant and his daughter to face dire consequences. Further on 17.08.2023, the victim had abdominal pain and informant took her to PHC, Jori for her treatment from where she was referred to Sadar Hospital, Chatra for better treatment, but during treatment on 18.08.2023, the victim girl died due to compaction in pregnancy.

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Learned counsel for the petitioner has submitted that petitioner is innocent and he has falsely been implicated in this case. The petitioner is languishing in jail since 04.04.2024. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

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Earlier the regular bail application of the appellants has already been rejected on merits and there are no fresh grounds. Considering the gravity of offence, the allegation leveled against the petitioner that on false pretext of marriage, he established sexual relation with a 13 year minor girl due to which she became pregnant and died due to labor pain, I am not inclined to release the petitioner on bail, which stands rejected.

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The learned Trial Court is directed to expedite the trial as per the statutory provisions of the Prevention of Children from Sexual Offences Act, 2012 .

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(Pradeep Kumar Srivastava, J.)

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Amar/-

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Jitendar Kumar Alias Jitendra Kumar Ganjhu Alias Jitendra Ganjhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jitendar Kumar Alias Jitendra Kumar Ganjhu Alias Jitendra Ganjhu 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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