Shiva Kumar Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Shiva Kumar Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1-cum-Special Judge (POCSO Act), Koderma, in connection with Telaiya P.S. Case No. 16 of 2026 corresponding to Special POCSO Case No. 05 of 2026.

Issue for consideration

Whether the petitioner should be released on bail, having regard to the contradictions and discrepancies between the victim's statement recorded before the Child Welfare Committee and her 183 B.N.S.S. statement.

Court's answer

Having regard to the contradictions and discrepancies emanating from the victim's statement recorded before the Child Welfare Committee and her 183 B.N.S.S. statement, the court directed the petitioner's release on bail.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1-cum-Special Judge (POCSO Act), Koderma, in connection with Telaiya P.S. Case No. 16 of 2026 corresponding to Special POCSO Case No. 05 of 2026.

Detailed headnote1 paragraphs

Criminal bail application allowed. Shiva Kumar, accused in Telaiya P.S. Case No. 16 of 2026 corresponding to Special POCSO Case No. 05 of 2026 on the allegation of enticing away the informant's daughter, was admitted to bail by the High Court of Jharkhand at Ranchi (Rongon Mukhopadhyay, J., 04.06.2026). The court acted on the contradictions and discrepancies between the victim's statement before the Child Welfare Committee — in which she described a love affair with the petitioner and her unwillingness to marry a person her parents were pressing her to marry — and her 183 B.N.S.S. statement, in which under parental pressure she gave a different colour to the incident. The victim was stated to be aged more than 18 years and the petitioner in custody since 18.01.2026. Bail was ordered on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1-cum-Special Judge (POCSO Act), Koderma. The learned A.P.P. had opposed the bail prayer.

2026:JHHC:16171

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B. A. No. 4894 of 2026

--Shiva Kumar … … Petitioner(s)

Versus

The State of Jharkhand … … Opposite Party(s)

CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

For the Petitioner(s) : Mrs. Rashmi Kumar, Advocate For the Opposite Party(s) : A.P.P.

2/04.06.2026 Heard Mrs. Rashmi Kumar, learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner is an accused in connection with Telaiya P.S. Case No. 16 of 2026 corresponding to Special POCSO Case No. 05 of 2026.

The petitioner is alleged to have enticed away the daughter of the informant.

It has been submitted by the learned counsel for the petitioner that in her statement before the Child Welfare Committee, the victim has stated that she was having a love affair with the petitioner and she was not willing to perform marriage with another person with whom her parents were forcing her to solemnize marriage.

Learned counsel submits that in the 183 B.N.S.S. statement of the victim, under the pressure of her parents, she has given a different colour to the incident. It has been submitted that the victim is aged more than 18 years and the petitioner is in custody since 18.01.2026.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Regard being had to the contradictions and discrepancies which emanate from the statement of victim recorded before the Child Welfare Committee and the 183 B.N.S.S. statement, the petitioner above named is

2026:JHHC:16171

directed to be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-1-cum-Special Judge (POCSO Act), Koderma in connection with Telaiya P.S. Case No. 16 of 2026 corresponding to Special POCSO Case No. 05 of 2026.

(Rongon Mukhopadhyay, J)

04^th June, 2026. Nandini/Suman/-