The Patna High Court rejected the bail application of petitioner Rajan Thakur, an accused facing charges of kidnapping and rape under the IPC and POCSO Act. The court denied parity with a co-accused allowed bail due to the severity of the specific allegations against the petitioner.
Bail application rejected for the present.
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.
Patna High Court Cr.Misc. No.63284 of 2017 (3) dt.17-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63284 of 2017
Arising Out of PS.Case No. -142 Year- 2017 Thana -JALE District- DARBHANGA
====================================================== Rajan Thakur, son of Late Jibachh Thakur, Resident of Village- Ojhaul, P.S.- Bahadurpur, District- Darbhanga .... .... Petitioner Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ratan Kumar Kumar, Advocate For the Opposite Party : Mr. Satyendra Prasad, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 17-02-2018 Heard counsel for the petitioner and the State.
The petitioner claims parity with co-accused Raj Karan who has already been allowed bail by this Court vide order dated 12.12.2017, passed in Cr.Mis.No.55383 of 2017.
Counsel for the State submits that from the statement of the victim under section 164 Cr.P.C. it appears that the victim has alleged that the petitioner kidnapped her and committed rape on her, whereas said co-accused was the owner of the hotel where the occurrence took place.
Petitioner cannot claim parity with co-accused as there is allegation against the petitioner that he kidnapped and raped a minor girl. As such, prayer for bail of the petitioner is rejected for the present.
(Madhuresh Prasad, J)
Shashi.
U T
2 issues framed by the court
Whether the petitioner is entitled to claim parity with co-accused Raj Karan for release on bail given the specific allegations of kidnapping and rape against him.
Whether the nature of the allegations against the petitioner warrants rejection of his bail application despite the bail granted to a co-accused with less severe charges.
3 provisions across 3 enactments
Rajan Thakur
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
