The learned Single Judge rejected the bail application of Prajapati PASWAN accused under sections 376/506 IPC in connection with rape of a minor girl, held that accused directly implicated and victim evidence fully supported prosecution case and dismissed prayer for bail.
Prayer for bail stands 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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.9349 of 2014
Prem Sagar Paswan
..... Petitioner
Versus
The State of Jharkhand
…. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Pragati Prasad For the State : A. P.P.
3/7.04.2015 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 376/506 of the Indian Penal Code, in connection with Jharia (Lodna) P.S. Case No.171 of 2013, corresponding to G.R. No.1679 of 2013.
There being direct allegation against the petitioner to have committed rape upon a minor girl, the earlier the bail application of the petitioner was rejected on merits by order dated 19.9.2013 in B.A. No.7082 of 2013.
Learned counsel for the petitioner has renewed the prayer for bail.
The impugned order shows that the victim has been examined in this case and she has fully supported the case.
In the facts and circumstances of the case, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.
(H. C. Mishra, J)
R.Kumar
2 issues framed by the court
Whether a male accused rape of a minor girl should be released on bail.
Whether the evidence against the petitioner sufficiently warrants denial of bail in a heinous offence.
1 provisions across 1 enactments
Prem Sagar Paswan
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
