2025: JHHC:11889-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 835 of 2024 Jaipal Oraon @ Jaypal Oraon, aged about 41 years, son of Mangra Oraon, resident of Village Bagha Singpur, P.O. and P.S. Lohardaga, District Lohardaga, District Lohardaga, Jharkhand---- --- Appellant Versus The State of Jharkhand --- --- Respondent With Cr. Appeal (DB) No. 982 of 2024 Sakri Oraon @ Sakri Uraon, aged about 38 years, wife of Jaipal Oraon, resident of Village Bagha Singpur, P.O. and P.S. Lohardaga, District Lohardaga, Jharkhand ---- --- Appellant Versus The State of Jharkhand --- --- Respondent --- CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Ambuj Nath --- For the Appellants: Ms. Md Zaid Ahmed, Advocate For the Resp.-State: Ms. Priya Shrestha, Special P.P. Ms. Mohua Palti, A.P.P --- 10 / 22.04.2025 Heard Md Zaid Ahmed, learned counsel for the appellants in both the cases and opposed by Mrs. Priya Shrestha, learned Special P.P. and Ms. Mohua Palit, learned A.P.P. 2. These appeals are directed against the order dated 01.03.2024 passed by the learned District and Additional Sessions Judge-III, Lohardaga in Misc. Criminal Application No. 86 of 2024 arising out of Sessions Trial No. 20 of 2024 corresponding to A.H.T.U. P.S. Case No. 02 of 2019, whereby and whereunder, the prayer for bail of the appellants has been rejected. 3. The allegations reveals that the younger brother of the informant was enticed away by the appellants for getting employment in the brick kiln, but subsequently, he did not return. 4. It has been submitted by the learned counsel for the appellants that both the appellants are husband and wife and they are in custody since November, 2023. It has further been submitted that the victim was working in the brick kiln as has been stated by the owner of the brick kiln. It has also been submitted by Md. Zaid Ahmed, learned counsel for the appellants, that the victim was aged about 50 years. 5. Learned Special P.P. as well as learned A.P.P. has opposed the prayer for bail of the appellants and have submitted that the victim was mentally retarded. 2. 6. On consideration of the period of custody undergone by the appellants and the fact that the statement of the owner of the brick kiln reveals that the victim was indeed working in the said brick kiln, we, while setting aside the order dated 01.03.2024 passed by the learned District and Additional Sessions Judge-III, Lohardaga in Misc. Criminal Application No. 86 of 2024 arising out of Sessions Trial No. 20 of 2024 corresponding to A.H.T.U. P.S. Case No. 02 of 2019, direct that the appellants, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned District and Additional Sessions Judge-III, Lohardaga in Sessions Trial No. 20 of 2024 arising out of A.H.T.U. P.S. Case No. 02 of 2019. 7. Both these appeals are allowed. (Rongon Mukhopadhyay, J) (Ambuj Nath, J) Ranjeet-Nandini/