IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 8989 of 2022

Vikash Kumar @ Vikash Mahto @ Vikash Kumar Mahto ....

… Petitioner

Versus

The State of Jharkhand

…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner

: Mr. Arvind Prajapati, Advocate

For the State

: Mr. Lily Sahay, A.P.P.

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04/ 22.09.2022

Heard learned counsel for the applicant and learned A.P.P. for the State.

This bail application has been filed on behalf of the applicant–Vikash Kumar

@ Vikash Mahto @ Vikash Kumar Mahto with prayer to release on bail in connection with

Kuru P.S. Case No. 19 of 2022, corresponding to Spl. POCSO Case No. 26 of 2022,

registered under Sections 376/506/34 of the Indian Penal Code and Section 4 and 8 of

the POCSO Act, pending in the court of the Additional Sessions Judge-1^st cum Special

Judge, Lohardaga.

Learned counsel for the applicant has submitted that the F.I.R. of this case

was lodged against two named accused including the applicant with these allegations

that on the fateful day the victim was coming back to her house along with her cousin

sister after attending the marriage party. At 12 O’clock of night as they reached nearby

Mitra Petrol Pump, Vikas Kumar and Aman Kumar both came there. Vikas Kumar caught

hold of her while the cousin sister of the informant was caught hold by Aman Kumar.

However, cousin sister of the informant managed to flee away. Vikas Kumar dragged her

to the nearby place where he forcibly raped her and also criminally intimidated in case

she disclosed in regard to the occurrence.

Learned Counsel for the applicant has submitted that though the victim in

her statement under Section 164 Cr.P.C. had supported the prosecution story yet before

the Trial Court victim and her cousin sister both were examined. Their statement has

been annexed as Anneuxre-2 of this Bail Application. In their statement victim and her

cousin sister have not supported the prosecution story rather they stated that nothing

wrong was done and no rape was committed by the accused persons upon them. Co-

accused Aman Kumar @ Aman Kumar Prajapati has been granted bail in B.A.No. 4430 of

2022 vide order dated 09.06.2022 by this Court and the applicant has been languishing

in Jail since 19.02.2022.

Learned A.P.P. appearing on behalf of the State vehemently opposed the

contentions made by the learned counsel for the applicant.

In view of the submissions made and materials on record, the bail

application of the applicant is hereby allowed. Let the applicant be released on bail on

2

furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

the like amount to the satisfaction of the court concerned in aforesaid case.

(Subhash Chand, J.)

P.K.S.