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2025 DAILYLAW 28780 (JHR)

CHARKU MIAN ALIAS RAUSHAN MIAN ALIAS CHARKH MIAN ALIAS CHARKHU v. STATE OF JHARKHAND

B.A./10445/2024 · 2025-01-03

Pradeep Kumar Srivastava

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10445 of 2024 Charkhu Mian @ Raushan Mian @ Charakh Mian @ Charkhu Aged about 23 years, S/o of Lattif Miyan, resident of Garda, P.O. & P.S. Chainpur, District- Palamau at Daltonganj. … Petitioner Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Rakesh Kumar, Adv. Mr. Sabyasanchi, Adv. For the State : Mrs. Vandana Bharti, A.P.P. Order No.05/Dated- 03.01.2025 Heard learned counsel for the parties. 2. The petitioner has been made an accused in this case in connection with Chainpur P.S. Case No. 279 of 2023 registered for offences punishable under Sections 376D of the I.P.C., which is pending in the Court of Learned Additional Sessions Judge, Palamau. 3. As per FIR, the daughter of the informant went to attend the call of nature where accused persons including this petitioner closed her mouth and took her at an isolated place and assaulted her by belt and committed rape upon her. 4. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has falsely been implicated in this case. It is further submitted that the victim lady has love affair with the co-accused Sattar Mian. The petitioner is languishing in jail since 14.11.2023. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail. 5. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. 6. Earlier the regular bail application of the appellants has already been rejected on merits and there are no fresh grounds raised to entertain this second bail application. The status report was also called for from the concerned court which shows that out of 10 charge-sheeted witnesses only 01 witness has been examined and 09 witnesses are yet to be examined. Under such circumstances, the case pertains under Section 376 of the I.P.C. which is severe in nature, I am not inclined to release the petitioner on bail, which stands rejected. 7. The learned Trial Court is directed to expedite and conclude the trial of this case within two months otherwise petitioner shall be at liberty to renew his prayer for bail. (Pradeep Kumar Srivastava, J.) Amar/-