In this anticipatory bail application, the petitioner, accused under Section 376 IPC, claimed false implication by the informant. Relying on the victim's recorded statement under Section 164 Cr.P.C. supporting her version, the single judge rejected the prayer for anticipatory bail.
Prayer for anticipatory bail is 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
A.B. A. No. 476 of 2018
Rinku Kumar …… Petitioner Versus
1.The State of Jharkhand
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner :Mr. Diwakar Jha, Advocate For the State :A.P.P
05/Dated: 06/09/2018
It appears that despite valid service of notice, O.P. No. 2 has failed to
appear.
Petitioner is apprehending his arrest in connection Sadar (M) P.S. Case No. 46 of 2016, corresponding to G.R. No. 964 of 2016 for the offence under section 376 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. Further, it has been submitted that petitioner and informant are known to each other as they lived in the same locality but the allegation of rape is false and fabricated one. The petitioner has never made physical relation with informant.
Learned A.P.P opposed the prayer for anticipatory bail.
Case diary has been produced. From perusal of para 40, it appears that the victim in her statement under section 164 Cr.P.C supported her case.
Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anant Bijay Singh, J.)
Satyarthi/-
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner apprehending arrest under Section 376 IPC who claims false implication?
Whether the victim's statement under Section 164 Cr.P.C. negates a claim of false fabrication in a rape case?
Rinku Kumar
The State of Jharkhand
Sanju Kumari
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
