This single-judge bail application was dismissed. The learned Judge rejected the prayer for bail after finding the petitioner had been identified as a miscreant who committed rape.
Prayer for bail is rejected.
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. 1594 of 2018
Biren Murmu
… Petitioner
-versus-
The State of Jharkhand … Opposite Party
CORAM : HON’BLE MR. JUSTICE ANANDA SEN
For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : A.P.P.
----
3/ 03.04.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner.
Petitioner is an accused for allegedly committing the offence punishable under Sections 376D, 34 of the Indian Penal Code, in connection with Bodam Police Station Case No.7 of 2017 corresponding to G.R. No.1090 of 2017, pending in the Court of learned Judicial Magistrate 1st Class, Jamshedpur.
Petitioner was not named in the FIR, but, the informant has identified him in the Test Identification Parade to be one of the miscreants, who had committed rape upon her.
In view of the aforesaid fact, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner, namely, Biren Murmu, in connection with Bodam Police Station Case No.7 of 2017 corresponding to G.R. No.1090 of 2017, pending in the Court of learned Judicial Magistrate 1st Class, Jamshedpur, is hereby rejected.
Keeping in view that the petitioner is in custody since 20.04.2017, it is expected that the Trial Court will take all steps to ensure that the trial is concluded as expeditiously as possible.
This application stands dismissed.
(Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether the petitioner should be enlarged on bail for an offence of rape punishable under Section 376D IPC.
1 provisions across 1 enactments
Biren Murmu
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
