Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 30497 (JHR)

AGUSTIN BODRA v. THE STATE OF JHARKHAND

A.B.A./7977/2024 · 2025-01-06

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7977 of 2024 ------ Agustin Bodra .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Sardhu Mahto, Addl.P.P. ------ Order No.03 Dated- 06-01-2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Murhu P.S. Case No.56 of 2024 registered under Section 70(2)/74/127(1)/351(2) of the B.N.S., 2023 & under Section 4(2) of POCSO Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed gang-rape upon the minor victim girl. It is submitted that the allegation against the petitioner is false. It is next submitted that the medical report does not support the claim of gang- rape of the victim girl. It is further submitted that the petitioner was not named in the FIR and the petitioner has falsely been implicated only on the basis of the confessional statement of the co-accused person namely Govind @ Sonal Bodra. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P. appearing for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that there is direct and specific allegation against the petitioner of committing gang rape upon the minor victim girl and the custodial interrogation of the petitioner is required in order to find out the details of the case. It is therefore submitted that the petitioner ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner of having committed gang rape upon the minor victim girl and the requirement of his custodial interrogation during the investigation of the case, this Court is of the considered view that this is not a fit case where the above-named petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Abhiraj/