Patna High Court rejected the petitioner's bail prayer in a kidnapping and rape case involving a 14-year-old victim, noting the serious nature of the allegations and lack of victim statement supporting release.
Bail prayer rejected; petitioner remains in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3925 of 2016
Arising Out of PS.Case No. -213 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ====================================================== 1. Mansoor Alam son of Junaid Alam, resident of Village- Bhauradah, Police Station- Bahadurganj, District- Kishanganj. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Arbind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 05-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offence punishable under section 366 A of the I.P.C
Allegedly, the petitioner and co-accused Sindhwaj kidnapped Khushbu Aara aged 14 years, the niece of the informant. After recovery the victim girl has stated that both kidnapped her and committed rape with her.
Submission is of false implication and that due to enmity the petitioner has been implicated, the petitioner has got no criminal antecedent and he is suffering in custody since 20.07.2015, the prosecution story appears not probable and reliable, there is no eye witness of the occurrence and as such the
Patna High Court Cr.Misc. No.3925 of 2016 (3) dt.05-04-2016
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petitioner deserves sympathetic consideration, to which the learned A.P.P. seriously opposes.
In the facts and circumstances as stated above, considering the statement of the victim girl and noticing the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with S.T. No. 478 of 2015 arising out of Bahadurganj P.S. Case No. 213 of 2015 pending in the court of the learned District & Sessions Judge, Kishanganj.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
2 issues framed by the court
Whether the petitioner deserves bail in a case involving kidnapping and rape of a minor.
Whether the petitioner's claim of false implication and lack of criminal antecedent warrants release on bail.
Mansoor Alam
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
