The High Court of Jharkhand rejected the bail application of a petitioner accused of kidnapping and raping a minor under the IPC. The Court, noting the victim supported the prosecution case, declined to enlarge the petitioner on bail.
Prayer for bail rejected; petitioner not enlarged on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7870 of 2015
Md. Asif Ansari @ Bohi Ansari ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Arun Kumar, Advocate For the State : A.P.P. --------
Prosecution.
The petitioner has been made accused for the offence under Sections 363, 366-A/34 of the Indian Penal Code, in connection with Hanwara P.S. Case No. 16 of 2015 corresponding to G.R. No. 483 of 2015.
There is direct allegation against the petitioner to have kidnapped the minor daughter of the informant.
The victim has been recovered and her statement was recorded under Section 164 of the Cr.P.C., wherein, she has disclosed her age to be 15 years and the Court below has also assessed her age her age to be about 15 years. She has fully supported the prosecution case and she has also stated that she was subjected to rape by this petitioner.
In the facts of this case, I am not inclined to enlarge the petitioner, Md. Asif Ansari @ Bohi Ansari, on bail. Accordingly, his prayer for bail is rejected.
( H. C. Mishra, J.)
R.Kr.
2 issues framed by the court
Whether bail should be granted to the petitioner accused of kidnapping and raping a minor.
Whether the petitioner can be enlarged on bail in cases involving offences under Sections 363 and 366-A IPC.
2 provisions across 2 enactments
Md. Asif Ansari @ Bohi Ansari
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
