B.A. application for bail rejected in a P.C. Act and IPC 377 case. Court held that the direct nature of the allegation against a minor precluded bail.
Prayer for bail rejected; petitioner remained in custody.
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THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6763 of 2015
…..
Manarul Sk @ Mana Sk, son of Azad Sk, resident of village +P.O. Manirampur, P.S. Pakur(Mufassil), Dist. Pakur
…. Petitioner
Versus
The State of Jharkhand …. Opposite Party
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. A.K. Sinha, Advocate For the State : Mr. Rakesh Kumar, A.P.P.
02/ Dated 2nd September, 2015
Heard Mr. A.K. Sinha, learned counsel for the petitioner and Mr. Rakesh Kumar, learned counsel for the State.
The petitioner has been made an accused in connection with Pakur (Mufassil) P.S. Case No. 223 of 2015 registered under Sections 377 of the Indian Penal Code and under Sections 4/6 of the Prevention of Children from Sexual Offence Act, 2012.
It has been submitted by the learned counsel for the petitioner that medical report belies the allegation made in the first information report. It has further been submitted that petitioner is in custody since 9.6.2015.
Learned counsel for the State opposes the prayer for bail and submits that petitioner is alleged to have committed an unnatural offence upon the victim, who is a minor and aged about 12 years.
Considering the direct nature of allegation, I am not inclined to grant bail.
Hence, the prayer for bail is hereby rejected.
(Rongon Mukhopadhyay, J.)
Anjali
1 issue framed by the court
Whether bail should be granted to the petitioner accused of an unnatural offence on a minor.
2 provisions across 2 enactments
Manarul Sk @ Mana Sk
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
