Citation : 2026 Latest Caselaw 2636 Jhar
Judgement Date : 2 April, 2026
2026:JHHC:9400
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1823 of 2026
Dinesh Kumar Choudhary @ Dinesh Choudhary, aged about 22 years,
S/o. Jitan Choudhary, R/o. Gopalpur, Pilartola, P.O.- Sakrigali, P.S.-
Ganga Nadi, Dist.- Sahibganj, Jharkhand.
... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: Hon'ble Mr. Justice Pradeep Kumar Srivastava
For the Petitioner : Mr. Pratiush Lala, Adv.
For the State : Mrs. Lily Sahay, APP
Order No.03/Dated- 02.04.2026
1.
Heard learned counsel for the petitioner and learned A.P.P.
2. The petitioner has been made an accused in connection with
Ganga Nadi P.S. Case No. 29/2025 corresponding to G.R. Case No.
751/2025, registered for offences punishable under Sections 84, 87,
64, 303(2), 351(2) & 3(5) of the B.N.S., 2023, which is pending in
the Court of learned C.J.M., Sahibganj.
3. The Petitioner along with co-accused persons are alleged to
have enticed away the victim and took her to Panjab for providing
her job, where they committed rape upon her on several occasions
for a period of one week. It is also alleged that they snatched her
golden and silver jewelries.
4. Learned counsel for the petitioner submits that independent
witnesses, interrogated during the investigation, have categorically
stated that there was love affair between the petitioner and the
victim, who was already married. It is further submitted that due to
complaint lodged by father-in-law of the victim, both the petitioner
and victim returned from Punjab and there was protest against
solemnization of marriage as she was already married, therefore,
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allegation of rape cannot be entertained at all. It is also submitted
that petitioner is in custody since 22.09.2025 and charge-sheet has
also been submitted in this case. Petitioner undertakes to cooperate
in the investigation and trial of the case and abides by all terms and
conditions which may be imposed. Hence, the petitioner may be
admitted to bail.
5. On the other hand learned A.P.P. has opposed the prayer for
bail of the petitioner and has submitted that there is no such
averment in the F.I.R. on the part of the victim that she was in love
affair with the petitioner rather she was induced for providing job
and thereafter petitioner raped her. Hence, the petitioner does not
deserve bail.
6. Considering the aforesaid facts and circumstances of the case
and nature of allegation against the petitioner, I am not inclined to
release the petitioner on bail. Accordingly, the prayer for bail of the
petitioner stands rejected at this stage.
(Pradeep Kumar Srivastava, J.)
02.04.2026 Rahul Uploaded on 02/04/2026
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