This order considered an oral bail application by a petitioner in custody since November 4, 2017. He was accused of kidnapping and raping a minor under IPC Sections 366A, 372, and 34. The petitioner argued he was not named in the FIR. The court rejected the bail prayer based on the gravity of the allegations.
Bail prayed for by the petitioner was rejected.
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.8149 of 2018 (6) dt.04-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8149 of 2018
Arising Out of PS.Case No. -177 Year- 2016 Thana -JOKIHAT District- ARRARIA
====================================================== 1. Abu Nasar S/o Khalid, R/o Village- Khutti Kharaiya, P.S.- Jokihat, District- Araria, Bihar.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
6 04-04-2018
The allegation in brief is that the FIR named accused persons kidnapped minor daughter of the informant, brought her to Araria, wherefrom this petitioner brought her to Patna, kept in confinement and committed rape.
Learned Counsel for the petitioner submits that the petitioner is not named in the FIR and he is in custody since 4.11.2017.
Whereas learned Counsel for the State submits that there is specific accusation against the petitioner regarding kidnapping and committing rape to a minor girl.
Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected.
Snkumar/-
(Arun Kumar, J)
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is already in custody and allegedly accused of rape and kidnapping under IPC Sections 366A, 372, and 34.
Whether the fact that the petitioner is not named in the FIR affects the grant of bail when the state alleges specific accusations against him.
Abu Nasar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
