In a bail application, the High Court of Jharkhand rejected the plea of an accused facing charge of kidnapping and rape of a minor girl. The Court observed direct allegations and the victim's age of 15 years, finding no inclination to enlarge the petitioner on bail.
Prayer for bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 1648 of 2015
Rohit Minz ...… Petitioner Versus The State of Jharkhand ...… Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Chandrajit Mukherjee, Advocate For the State : A.P.P. ------
2/14.5.2015 Heard learned counsel for the petitioner and learned counsel for the
State.
The petitioner has been made accused in connection with Kotwali Sukhdeonagar P.S case No.1051 of 2014 corresponding to G.R No.6628 of 2014, for the offence under Section 366-A of the Indian Penal Code.
There is direct allegation against the petitioner to have kidnapped the minor daughter of the informant.
It appears that the victim girl was recovered from the house of the petitioner and the statement of the victim girl was also recorded under Section 164 Cr.P.C., wherein, she has disclosed her age to be 15 years and the Court below has also assessed her age to be 15 years. She has stated that she was enticed away by the petitioner and kept her at his house and it is alleged that the petitioner committed rape upon her.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner, Rohit Minz, on bail. Accordingly, his prayer for bail is hereby rejected.
( H. C. Mishra, J.)
BS/
2 issues framed by the court
Whether the petitioner, accused of kidnapping and rape of a minor under Section 366-A IPC, should be granted bail.
Whether the allegations of kidnapping, enticement, and rape against the petitioner justify refusal of bail.
2 provisions across 2 enactments
Rohit Minz
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
