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2025 Supreme(Jhk) 216

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Chhotu Oraon S/o Laleshwar Oraon – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajesh Kumar
For the Respondent: Shiv Shankar Kumar

ORDER :

1. The instant appeal is filed against the Order dated 05.12.2024, passed by the learned Additional Judicial Commissioner-IV-cum-Spl. Judge, POCSO, Ranchi, in Misc. Criminal Application No. 3033 of 2024, by which regular bail of the appellants has been rejected in connection with A.H.T.U. P.S. Case No.06 of 2024, corresponding to S.T. Case No.575 of 2024, for the offences under Sections 363 , 370 of I.P.C. and Section 79 of J.J. Act, pending in the Court of A.J.C.-IV, Ranchi

2. It has been contended on behalf of the appellants that this is a case where no ingredient of Section 370 of I.P.C. is attracted, which would be evident from the statement so recorded of the Victim under Section 164 Cr.P.C. It has been contended that the statement of the victim which was recorded under Section 164 Cr.P.C. will demonstrate that there is no intent or ingredient to attract the offence said to be committed under Section 370 of I.P.C.It has also been submitted that the appellants have already remained in custody for about Eight months since 14.06.2024.It is further submitted that the trial is going on, in which even though the Victim is not a chargesheeted witness, she has already been e

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