Citation : 2026 Latest Caselaw 1697 Jhar
Judgement Date : 10 March, 2026
2026:JHHC:6296
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1218 of 2026
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Raushan Kumar @ Roshan Kumar, S/o late Suresh Baitha, R/o Vill.- Khajni Chhattarpur, P.O. & P.S. Chhattarpur, Dist.-Palamu(Jharkhand) .... .... .... Petitioner Versus The State of Jharkhand .... .... .... Opposite Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mrs. Adya Mishra, Advocate Mr. Abhay Kr. Mishra, Advocate Mr. Krishna Prajapati, Advocate For the State : Mr. Achinto Sen, APP
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Order No.02 / Dated : 10.03.2026.
Heard both the sides.
This bail application has been filed on behalf of Raushan Kumar @ Roshan Kumar who is in custody since 02.11.2025 in connection with Chattarpur P.S. Case No. 222 of 2025 for the offence registered under Sections 87, 64(2), 351(2) and 3(5) of the BNS, 2023 pending in the Court of J.M., Palamau, is pressed into motion. As per the FIR, the petitioner had kidnapped the victim girl, aged 20 years, and thereafter, he forcibly performed marriage with her.
It is submitted by learned counsel for the petitioner that a plain reading of the FIR itself indicates that the victim girl was in contact with the petitioner and had eloped from her house after a telephonic conversation with him. From Chhatarpur in Palamau, she first went to Japla and thereafter travelled by train to Aurangabad. It is contended that had any force been used, she had sufficient opportunity to resist, particularly as she was travelling through public places and using public transport. It is further submitted that the marriage between the petitioner and the victim was subsequently performed and that the present case has been lodged only because the families of the prosecutrix and the petitioner belong to different castes. After completion of investigation, the police have submitted charge-sheet against the present petitioner, while a final form has been submitted in respect of the other accused persons.
Learned A.P.P. for the State opposed the prayer for bail. Under the circumstances, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J.) Pawan/ Uploaded 11.03.2026
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