In bail proceedings under B.A. No. 6326 of 2015 arising from reported Basantrai P.S. Case No. 63 of 2014, the High Court of Jharkhand rejected the petitioner's bail prayer due to serious allegations of kidnapping and rape of a minor.
Bail prayer rejected. Petitioner sent to judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6326 of 2015 Babloo Tanti ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Purendu Kumar Jha, Advocate For the State : A.P.P. --------
5/ 02.12.2015 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.
The petitioner has been made accused for the offence under Sections 341, 342, 120-B, 366-A, 376 / 34 of the Indian Penal Code, in connection with Basantrai P.S. Case No. 63 of 2014 corresponding to G.R. No. 1160 of 2014.
There is allegation against the petitioner to have kidnapped the minor daughter of the complainant informant.
The impugned order shows that the victim has since been recovered and her statement was recorded under Section 164 of the Cr.P.C., wherein, she has fully supported the case and also stated that she was subjected to rape by this petitioner repeatedly.
In the facts of this case, I am not inclined to enlarge the petitioner, Babloo Tanti , on bail. Accordingly, his prayer for bail is rejected.
R.Kr.
3 issues framed by the court
Whether the petitioner is eligible to be enlarged on bail in a case involving kidnapping and rape.
Whether the distressing nature of the charges involving a minor victim outweighs the bail application.
Whether the recovery of the victim and recording of her statement under Section 164 CrPC affects the bail decision.
2 provisions across 2 enactments
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
