Petitioners challenged refusal of anticipatory bail in Bhadaur P.S. Case No. 27/2014 under Sections 364(A) and 34 IPC involving kidnapping and alleged rape. The court, finding prima facie guilt and credible statements, rejected the bail plea.
Petition for anticipatory bail rejected. No relief granted to petitioners.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.49171 of 2014
Arising Out of PS.Case No. -27 Year- 2014 Thana -BHADAUR District- PATNA ====================================================== 1. Brajesh Kumar Son of Sri Ramashray Mahto 2. Ramashray Mahto Son of Barho Mahto Both Residents of the Village - Kurmichak, Police Station - Ghoswari, District - Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Neerad Parashar For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 03-04-2015 Heard both sides. Petitioners apprehend their arrest in Bhadaur P.S. Case No. 27 of 2014 registered under section 364(A)/34 of the Indian Penal Code. The informant made allegation that the petitioner kidnapped Dhiraj Raushan. It is submitted that sister of petitioner no.1 Brajesh Kumar was raped by Dhiraj Raushan for which Barh P.S. Case No. 202 of 2014 was registered. It appears that the victim was recovered and he has also stated that the petitioners kidnapped him. Other witnesses have also stated the same fact.
Considering the aforesaid facts, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly the same is rejected.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
3 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the ongoing criminal proceedings.
Whether the apprehension of arrest warrants grant of anticipatory bail.
Whether the facts of kidnapping and rape noted in the case warrant bail to be granted.
1 provisions across 1 enactments
Brajesh Kumar
Ramashray Mahto
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
