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Mustak Ansari @ Saqlain Mustag Ali vs State Of Jharkhand

Jharkhand High Court · Decided on 22 January 2026 · Citation: (2026) 01 JH CK 1665

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 183 · Bhartiya Nyaya Sanhita, 2023 — Section 64(2)(m), 87, 96 · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Allowed
CASE NUMBER
Bail Application No.11597 Of 2025
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Judgment

7 paragraphs · 341 words

Sanjay Kumar Dwivedi, J

1.

Heard the learned counsel appearing for the petitioner and learned counsel appearing on behalf of the respondent State.

2.

This application has been filed for grant of regular bail to the petitioner in connection with POCSO Case No.15 of 2025 (arising  out  of  Tongra  P.S.  Case No.9  of  2025),  registered for  the offence  under  sections  96,  64(2)(m),  87  of  BNS,  2023  and  charge has  been  framed  under  section  06  of  POCSO  Act,  pending  in  court of learned Special Judge (POCSO), Dumka.

3.

The learned counsel appearing for the petitioner submits that the allegations are made of taking away the girl forcefully who  was  aged  about  17  years  10  months  and  17  days  and  that  has come  in  the  FIR  itself.  He  further  submits  that  now  the  said  girl  has solemnized marriage with another boy and the petitioner and that girl were in relationship. He next submits that the petitioner is in custody since 02.05.2025 and the charge sheet has been submitted.

4.

The learned counsel appearing on behalf of the respondent State opposed the prayer of regular bail of the petitioner  and  submits  that  the  victim  girl  has  supported  the  case which has been recorded under section 183 of the BNSS, 2023.

5.

Looking  to  the  contents  of  the  FIR  it  appears  that  in the FIR itself the age of the girl is 17 years 10 months and 17 days and it has been pointed out that the petitioner and the victim were in  relationship,  however,  the  girl  was  recovered  from  the  house  of the petitioner and the petitioner is in custody since 02.05.2025 and the charge sheet has been submitted, I am inclined to grant regular bail to the petitioner.

6.

Accordingly, petitioner, above named, is hereby directed to be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand),  with two sureties  of like amount each, to satisfaction of learned Special Judge (POCSO), Dumka, in connection with POCSO  Case  No.15 of 2025  (arising out of Tongra P.S. Case No.9 of 2025).