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2025 Supreme(Jhk) 422

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., PRADEEP KUMAR SRIVASTAVA, J.
Nikki Kumari Wife Of Praveen Kumar – Appellant
Versus
The State Of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Amit Kumar Choubey, Chandan Kumar
For the Respondent: V.S. Sahay

ORDER :

1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 02.07.2024 passed by the learned Sessions Judge, Chatra in A.B.P. No. 497 of 2024 by which the prayer for anticipatory bail of the appellants in connection with Hunterganj P.S. Case no. 54 of 2023 registered under Sections 370, 370A and 34 of the Indian Penal Code, Sections 75 and 81 of Juvenile Justice (Care and Protection)Act has been refused.

2. It has been contended by the learned counsel appearing for the appellants that even if the entire prosecution version will be accepted, no case is being made out attracting the ingredient of Section 370 of the Indian Penal Code.

3. It has further been contended that the rejection of the pre-arrest bail is based upon the reference of the various paragraphs made in the case diary but if the entire case will be taken into consideration, then there is no ingredient of exploitation said to be attracted under Section 370 of IPC as the victim girl has been returned.

4. Learned counsel has further submitted that nothing has been said in the statement recorded under Section 164 Cr.P.C. either by the mother of the

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