This bail application by an accused facing rape and kidnapping charges was rejected. The court, noting the minor status of the victim supported by medical reports, held that the petitioner was not entitled to the privilege of bail.
Prayer for bail to the petitioner rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3899 of 2018
Sk. Sahansah …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Ashim Kr. Sahani, Advocate For the State : A.P.P.
05/03.12.2018
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 366, 376, 504 and 120(B) of the IPC.
Victim is minor and her age was declared as 15 years. Medical report also suggests that victim is minor. Allegation against the petitioner is that he had committed sexually assault upon the victim.
In view of the aforesaid allegation, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer of bail to the petitioner in connection with Spl (P) Case No. 38 of 2016, corresponding to Mehrama P.S. Case No. 0022 of 2016 (G.R. No. 182 of 2016, pending in the court of learned Additional Sessions Judge-I-cum, Spl. Judge, Godda stands rejected.
(ANANDA SEN, J)
anjali/ C.P 3
2 issues framed by the court
Whether bail should be granted to an accused charged with offences of rape, kidnapping, and influencing a witness.
Whether the age of the victim as a minor precludes the grant of bail.
Sk. Sahansah
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
