B.A./9328/2021 of PANCHU ORAON Vs THE STATE OF JHARKHAND on 23 December 2021

1. Panchu Oraon

2. Anganu Oraon

… … Petitioners

Versus

The State of Jharkhand … … Opp. Party

----------

CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND

----------

For the petitioners : Ms. Sunita Kumari, Advocate For the State : Mrs. Priya Shreshtha, A.P.P.

----------

03/ 23.12.2021 This bail application is on behalf of applicants Panchu Oraon & Anganu Oraon with a prayer to release them on bail in case crime being Sisai P.S. Case No. 40 of 2018 corresponding to G.R. No. 245 of 2018(POCSO Case No. 17 of 2018) (District- Gumla), registered for the offence under Sections 376(D) of the Indian Penal Code and 4/8 POCSO.

Learned counsel for the applicants has submitted that FIR of this case was lodged by the brother of the victim with the allegation that his minor sister was gang raped by three named accused persons. It is also submitted that the statement of the victim was recorded under Section 164 of the Cr.P.C and she has supported the prosecution story. It is also submitted that the applicants have been languishing in jail since 16.03.2018 and the trial has commenced.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the contention made by the learned counsel for the applicant and contended that prosecution story is supported with the statement of the victim under section 164 Cr.P.C., who is a minor girl who was gang raped and the medical evidence also supports the commission of offence.

In view of the submissions made and considering the materials available on record this bail application of the applicants is hereby rejected.

Rajnish/

Learned court below is also directed to conclude the trial expeditiously.

(Subhash Chand, J.)