Jharkhand High Court
Vikash Kumar vs The State Of Jharkhand on 11 September, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
2025:JHHC:27772
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 135 of 2025
Vikash Kumar, aged about 19 years, Son of Chaturbhuj Mahto,
Resident of Village-Dhardhari, P.O & P.S-Pratappur, Dist-Chatra
...... Appellant
Versus
1.The State of Jharkhand
2.Victim ....... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Md. Razaullah Ansari, Advocate
For the State : Mr. Vijoy Kr. Sinha, APP
For the Resp. No.2 : None
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th
05/Dated:11 September, 2025
Call for explanation from the learned Court below for
mentioning the name of father and mother of the Victim girl
during their evidence in the depositions examined as P.W-2 and
P.W-3 through the learned Registrar (Judicial) of this High
Court.
2. The explanation is called for, in violation of the judgment
reported in (2019) 2 SCC 703 (Nipun Saxena and Anr. vs. Union
of India).
3. Heard Mr. Razaullah Ansari, learned counsel for the
appellant and learned APP.
4. This Criminal Appeal has been filed on behalf of the
appellant challenging the order dated 08.10.2024 passed by Sri
S.M. Shahzad, learned Additional Sessions Judge-I-cum-Special
Judge SC/ST Act, Chatra in Misc. Cr. Application No.1399 of
2024 in connection with SC/ST Case No.23 of 2024, arising out
of Hunterganj P.S. Case No.92 of 2024, instituted under sections
376(D)/34 of IPC by which the prayer for regular bail of the
appellant has been rejected.
5. As per F.I.R, it is alleged that the daughter of the
Informant was kidnapped by two boys and they had forcefully
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committed rape upon her and her mother had seen blood coming
out from her private parts.
6. Learned counsel for the appellant submitted that the
appellant is innocent and has not committed any offence. It is
submitted that the appellant has been named on the basis of
confession of co-accused and the trial is going on. It is
submitted that the appellant is in custody since 28.04.2024 and
hence he may be enlarged on bail.
7. On the other hand, learned APP has opposed the prayer for
bail. It is submitted that from the impugned order dated
08.10.2024 passed by the learned Additional Sessions Judge-I-
cum-Special Judge SC/ST Act, Chatra, it is evident that the
appellant was identified by the Victim girl in T.I. Parade for
committing rape upon her with other co-accused and hence, the
prayer for bail of the appellant may be rejected.
8. Perused the Lower Court Records and considered the
submission of both the sides.
9. It appears from the F.I.R that while the Victim girl had
gone to attend the marriage in the house of one Ganga Mahto
and was returning then she was kidnapped and two boys
forcefully committed rape upon her till she became unconscious
and the blood was coming from her private parts of the body.
10. It reveals from the statement of the Victim recorded under
section 164 Cr.P.C that she has fully supported the prosecution
case.
11. From perusal of the statement of the witnesses namely,
Binod Kumar Bharti, father of the Victim and Damodar Mahto
at paragraph-5, 6, and 7 of the case diary, it would appear that
they have fully supported the prosecution case.
12. Para-15 is the subsequent statement of Victim girl wherein
she has stated that two boys committed rape upon her. Para-28 is
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the confession of co-accused-Anil Kumar whereas para-29 is the
confession of the appellant-Vikash Kumar for committing rape
upon the Victim girl. Even para-30 reveals that even on the
disclosure of the appellant-Vikash Kumar, the blood stained
clothes i.e. Full shirt of Green colour, Blue Jeans Paint and
clothes belt was recovered.
13. From perusal of the T.I.P chart enclosed with the Lower
Court Records, it appears that the Victim girl had identified the
clothes of the appellant-Vikash Kumar.
14. It further reveals from the impugned order that the
appellant had been identified during T.I. Parade by the Victim
girl.
15. This is a case of heinous act committed by the appellant-
Vikash Kumar and the co-accused who had committed gang
rape upon the Victim girl till she became unconscious.
16. Accordingly, the prayer for bail of the appellant is, hereby,
rejected.
17. Thus, Cr. Appeal (SJ) No.135 of 2025 is, hereby,
dismissed.
18. The Trial Court is directed to remain careful in future and
shall not mention the name of the father and mother of the
Victim girl.
19. The Trial Court is directed to take necessary steps for the
welfare of the Victim girl for her rehabilitation and for payment
towards Victim Compensation Scheme. The Deputy
Commissioner, Chatra and the Superintendent of Police, Chatra
are directed to supervise the case of the Victim Girl.
(Sanjay Prasad, J.)
Saket/-
