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2025 DAILYLAW 3234 (JHR)

VIJAY ORAON v. THE STATE OF JHARKHAND

A.B.A./779/2025 · 2025-02-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 779 of 2025 Vijay Oraon, age-26 Yrs, S/o Sahdeo Oraon, R/o-Vill-Algodi Chhapar Toli, P.O. Datiya, P.S. Bharno, Dist. Gumla, Jharkhand. … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Altamash Khan , Adv. For the State : Mr. Sardhu Mahto , Addl.PP 02 / 05.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lohardaga (M) P.S. Case No. 11 of 2024 registered under Sections 323, 504, 506, 313, 376, 406, 420 of the Indian Penal Code and Section 6 of POCSO Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the minor –victim girl in the year 2017. It is then submitted that the allegations against the petitioner are all false and there is inordinate delay in lodging the FIR. It is next submitted that the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP vehemently opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner has committed penetrative sexual intercourse on the minor victim girl hence, in view of serious allegation against the petitioner, custodial interrogation of the petitioner is required during investigation of the case. It is therefore submitted that the petitioner ought not be given the privilege of anticipatory bail. Considering the serious allegations against the petitioner and the requirement of his custodial interrogation during investigation of the case, this Court is of the considered view that this is not a fit case, where the privilege of anticipatory bail be given to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (ANIL KUMAR CHOUDHARY, J.) Smita/-