In a bail application under Sections 366A IPC and 376 IPC, the Single Judge held that the petitioner, who is an absconder for 15 years in a 2003 rape case, was not inclined to be granted bail. The prayer for bail was rejected with a direction to renew it after six months if the trial remains incomplete.
The prayer for bail of the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 131 of 2019
Binod Oraon ….. Petitioner Versus
The State of Jharkhand ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
----- For the Petitioner : Mr. N.K.Chatterjee, Advocate For the State : A.P.P
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04 /Dated: 07/02/2019
The petitioner has been made accused for the offence under Sections 366A of the Indian Penal Code and later on section 376 IPC was added.
It appears that this case is of the year 2003 and the petitioner is absconder for 15 years.
It appears that the statement of the victim was recorded on 07.11.2003 in which she has stated that this petitioner has kidnapped and raped her.
In view of the fact that petitioner is absconder since long,I am not inclined to enlarge the petitioner on bail.
Accordingly, prayer for bail of the petitioner is, hereby, rejected . However, petitioner if so advised may renew his prayer for bail after Six months, if trial is not concluded within the aforesaid period.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Raman /-
2 issues framed by the court
Whether a person who is an absconder for 15 years in a rape case should be granted bail.
Whether the prayer for bail should be rejected given the long period of absence.
Binod Oraon
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
