Shekh Akhtar v. The State Of Jharkhand
Case brief
What is this about?
The High Court bench rejected the petitioner's renewed prayer for bail. The court refused to reconsider the earlier rejection, noting the victim girl supported the prosecution case and alleged rape by the accused.
What did the court decide?
Bail prayer of the petitioner is rejected.
What the court decided
A compact analysis
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. 1475 of 2016 Shekh Akhtar ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. A.K. Chaturvedi, Advocate For the State : A.P.P. --------
- 4/ 21.04.2016 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
The petitioner has been made accused for the offences under Sections 366, 370, 371 and 376 of the Indian Penal Code and Sections 25 and 26 of the Inter State Migrant Labour Act, in connection with AHTU Gumla P.S. Case No. 5 of 2013 corresponding to G.R. No. 177 of 2013, S.T. No. 211 of 2013.
There is allegation against the petitioner to have abducted the daughter of the informant.
In view of the fact that the victim girl had supported the prosecution case in her statement recorded under Section 164 of the Cr.P.C., earlier bail application of this petitioner was rejected on merits by order dated 21.2.2015 in B.A. No. 9656 of 2014.
Learned counsel for the petitioner has renewed the prayer for bail of the petitioner.
The victim girl has been examined in the Court below and in her evidence, she has also supported the case of prosecution and has also stated that she was subjected to rape by this petitioner.
Issues for consideration
2 issues framed by the court
Whether the prayer for bail of the petitioner charged with offences under Sections 366, 370, 371, 376 IPC should be reconsidered.
Whether the victim girl's consistent testimony against the petitioner precludes the granting of bail.
Parties & counsel
- petitioner
Shekh Akhtar
- respondent
The State of Jharkhand
Coram
H. C. Mishra
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- B.A./1475/2016
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