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2025 Supreme(Jhk) 827

IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, JJ
Amit Bhuiyan @ Amit Bhuiya, son of Shri. Jhabar Bhuiya – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajesh Kumar, Adv.
For the Respondent: Mr. Gautam Rakesh, A.P.P.

JUDGMENT :

1. The instant criminal appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 20.09.2024 passed by the learned Additional Sessions Judge-II, Latehar in B.P. No. 351 of 2024, whereby and whereunder the prayer for regular bail in connection with Netarhat P.S. Case No.10 of 2024 registered under Sections 370, 376, 367, 366/34 of Indian Penal Code, has been rejected.

2. It has been contended by learned counsel for the appellant that it is a case where none of the ingredients either of section 370 or section 376 of Indian Penal Code or any other criminal offences under which the FIR was instituted, is attracted, even if the entire prosecution story is taken into consideration.

3. It has further been contended that with the consent of the victim, the physical relationship has been established and hence, it is not a case of trafficking so as to attract the criminal offences in the case under section 370 of Indian Penal Code or section 376 of IPC thereof.

4. Learned counsel for the appellant, based upon the above ground, has submitted that it is a case where the impugned order may be interfered with.

5. On the other hand, lea

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