The High Court at Ranchi rejected bail for the petitioner accused of rape under Sections 376/506 IPC, holding that post-crime custody prevents bail. Renewal permitted after victim statement under Section 164 Cr.P.C.
Prayer for bail stands rejected; petitioner at liberty to renew prayer after examination of the victim-girl.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2711 of 2018
Maqsood Ansari …. …. Petitioner(s).
Versus
State of Jharkhand …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN. -----For the Petitioner(s) : Mr. Naveen Kr. Jaiswal, Advocate For the State : A.P.P.
02/05.04.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 376/506 IPC in connection with Mahila Police Station Case No. 42 of 2017 (G.R. No. 6401 of 2017), pending in the Court of learned Judicial Magistrate-1st Class, Ranchi.
Counsel for the petitioner submits that petitioner is in custody since 11.12.2017.
After going through the records and statement of victim which was recorded under Section 164 Cr.P.c, I find that petitioner has committed rape upon the victim. Thus, I am not inclined to grant privilege of bail. Accordingly, the prayer of bail of the petitioner in connection with Mahila Police Station Case No. 42 of 2017 (G.R. No. 6401 of 2017), pending in the Court of learned Judicial Magistrate-1st Class, Ranchi stands rejected.
Petitioner is at liberty to renew his prayer after examination of the victim-girl.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner should be granted bail in a rape offence under Sections 376/506 IPC.
Maqsood Ansari
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
