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2025 DAILYLAW 29317 (JHR)

SANJU MARANDI v. THE STATE OF JHARKHAND

B.A./447/2025 · 2025-01-24

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 447 of 2025 Sanju Marandi, aged about 22 years, son of Mansingh Marandi, resident of village- Bhatuakuraha, P.O.- Machali, P.S.- Bhelwaghati, Dist.- Giridih. … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. Kamdeo Pandey, Advocate For the State : Mr. Someshwar Roy, A.P.P. --- 02/24.01.2025 Heard the parties. Petitioner has been made accused in connection with Bhelwaghati P.S. Case No. 13 of 2023 corresponding to POCSO Case No. 79 of 2023, for the offences registered under sections 342/376(D)/506 of the Indian Penal Code and section 04 of POCSO Act, pending in the court of learned Special Judge, POCSO Act, Giridih. Bail Application of the petitioner was earlier rejected by this Court vide B.A. No.2282 of 2024 by order dated 23.04.2024. On 30.04.2023 at about 3.00 p.m., 14 years old daughter of the Informant was raped by the petitioner and co-accused Sonaram Marandi. It was submitted that statement of the victim and the informant have been recorded during trial wherein there are certain discrepancies in their evidence. From perusal of deposition of the witnesses, it appears that the victim has supported the prosecution case and she has stated that she was raped by the petitioner. Considering the fact that the victim has supported the occurrence, it will not be proper to analyze her evidence at the time of consideration of bail, as it will cause prejudice to the final result of the trial. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail stands rejected. (Ambuj Nath, J.) Jay/-