The Patna High Court rejected the petitioner's bail application in a criminal case involving kidnapping and alleged sexual offences against a minor. The bench noted the serious nature of the allegations and refused to enlarge the petitioner on bail.
The prayer for bail of the petitioner is hereby rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36716 of 2017
Arising Out of PS. Case No.-153 Year-2015 Thana- SANGRAMPUR District- East
Champaran
======================================================
Manoj Sah Son of Banarsi Sah, R/o Barai Tola, P.S.- Sangrampur, DistrictEast Champaran.
... ... Petitioner/s
Versus
The State of Bihar
| ... ... Opposite Party/s | |
|---|---|
| =================== Appearance : For the Petitioner/s : |
=================================== Mr. Shiva Shankar Sharma |
| For the Opposite Party/s : ===================== |
Mr. SRI SUNIL KUMAR PANDEY ====================================== |
| CORAM: HONOURABL | E MR. JUSTICE S. KUMAR ORAL ORDER |
2 10-08-2017 Heard learned counsel for the parties.
The Petitioner who is in custody since 20.03.2017, seeks bail in connection with Sangrampur P.S. Case No. 153 of 2015 registered for the offence punishable under Sections 366(A), 504/34 of the Indian Penal Code.
The allegation against the petitioner is of kidnapping the minor daughter of the informant.
It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner submits that there is delay of three days in lodging the FIR. It has been further submitted that the co-accused Banarsi Sah has been granted bail by a co-ordinate bench of this Court vide order dated 16.09.2016 in Criminal Miscellaneous
Patna High Court Cr.Misc. No.36716 of 2017(2) dt.10-08-2017 2/2
No. 32202 of 2016.
Informant is the father of the victim girl Prema Kumari, whose age has been determined as fifteen and a half yearssixteen and a half years by the Medical Board. The statement of the victim girl Prema Kumari has been recorded under Section 164 of the Cr.P.C on 23.11.2015, in which she has alleged that while she was returning on 07.11.2015 accused petitioner-Manoj Sah placed sedative handkerchief, as a result she became unconscious and when she gained consciousness she found two friends of accused-petitioner were raping her. Thereafter, she was again injected sedative injection and lost her consciousness again.
Considering the nature of allegation levelled against the petitioner, I am not inclined to enlarge the petitioner on bail.
The prayer for bail of the petitioner is hereby
rejected.
(S. Kumar, J)
ranjan/-
U
3 issues framed by the court
Whether the petitioner be released on bail in connection with the offence under Sections 366(A), 504/34 of the Indian Penal Code.
Whether the delay in lodging the FIR and grant of bail to a co-accused entitle the petitioner to bail despite the nature of the allegations.
Whether a victim's allegation of sedation and alleged rape precludes the grant of bail.
1 provisions across 1 enactments
Manoj Sah
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
