Petitioner in custody moved High Court for regular bail in rape case. Court found allegations serious and noted criminal antecedents. Bail prayer rejected.
Prayer for bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2962 of 2023
Vijay Rai @ Vijay Kumar Rai .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Saket Kumar, APP For the Informant : Md. Nasim Akhtar, Advocate
03/ 13.06.2023 . Petitioner above-named who is in custody since 29.08.2022 has moved this Court for grant of regular bail in connection with Jamua P.S. Case No.301 of 2022 (S.T. No.630 of 2022) registered under Sections 452, 376, 511, 506, 509 of the Indian Penal Code.
Heard the parties.
It is submitted by learned counsel for the petitioner that the offence under Section 376/511 IPC will not be made out and at best, it will be a case under Section 354 IPC which is punishable for three years. .
It is further submitted that the petitioner has been made victim of circumstances.
Learned APP for the State assisted by learned counsel for the informant has vehemently opposed the prayer. It is submitted that the petitioner entered into the house of the informant in the dead night and attempted to commit rape and on alarm being raised, her family members and neighbours gathered there and anyhow she could rescue herself. The petitioner is giving threatening the informant to compromise the case and he has criminal antecedent as he is also involved in similar type of offence being Jamua P.S. Case No.09 of 2019 under Sections 147, 148, 307, 379, 354(B)/ 323/ 504/ 34 IPC.
Considering nature of allegation, gravity of offence and criminal antecedent, I am not inclined to enlarge the petitioner on regular bail and accordingly, the prayer for bail is rejected.
( Gautam Kumar Choudhary, J. )
Sandeep/Uploaded.
2 issues framed by the court
Whether the petitioner is eligible for grant of regular bail considering the nature of the allegation and criminal antecedents.
Whether the petitioner entered into the house of the informant to attempt to commit rape.
2 provisions across 1 enactments
Vijay Rai @ Vijay Kumar Rai
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
