Rajan Thakur v. The State Of Bihar

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 17-02-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 363, 366A, 376, 216/120B IPC and sections 4/6 of the POCSO Act.

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.

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