Shiva Kachhap vs The State Of Jharkhand — — Opp. Party on 2 January, 2025

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Jharkhand High Court

Shiva Kachhap vs The State Of Jharkhand — — Opp. Party on 2 January, 2025

Author: Ambuj Nath

Bench: Ambuj Nath

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       B.A No. 10301 of 2024

              Shiva Kachhap, aged about 20 years, S/o Sukhram Kachhap, Resident of
              Village- Kumharmunda, P.O Urkiya, P.S. Manoharpur, District West
              Singhbhum (Jharkhand)                     ---     ---    Petitioner
                                             Versus
              The State of Jharkhand                    ---     ---   Opp. Party
                                                   ---

CORAM: Hon’ble Mr. Justice Ambuj Nath

For the Petitioner: Mr. Anjani Kumar, Advocate
For the O.P-State: Mr. Anup Pawan Topno, A.P.P.

02 / 02.01.2025 Heard the parties.

2. Petitioner has been made accused in connection with Spl. POCSO Case
No. 07 of 2024 arising out of Anandpur P.S. Case No. 22 of 2023 for the
offences registered under sections 366-A, 376(2)(n), 376-D, 376-B, 506 of the
Indian Penal Code and section 4 and 6 of POCSO Act, pending in the court of
learned Special Judge, POCSO Act Cases, West Singhbhum at Chaibasa.

3. Bail application of the petitioner was earlier rejected by the Coordinate
Bench of this Court vide B.A. No. 2228 of 2024.

4. Petitioner along with co-accused persons are alleged to have raped the
minor daughter of the Informant.

5. It was submitted that both the Informant and the victim have been
examined during the trial and they have not supported the prosecution case. It
was further submitted that similarly situated co-accused persons namely
Dhamdev Kachhap and Sanjay Kujur have been earlier granted bail by this
court.

6. In view of the submission made above, petitioner, above named, is
directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees
twenty thousand) with two sureties of the like amount each, to the satisfaction
of learned Special Judge, POCSO Act Cases, West Singhbhum at Chaibasa in
connection with Spl. POCSO Case No. 07 of 2024 arising out of Anandpur P.S.
Case No. 22 of 2023.

(Ambuj Nath, J)
Ranjeet/
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