The High Court of Patna rejected the bail application of an accused in a kidnapping and rape case. The court held that the allegations were serious and did not dispense with personal presence. Consequently, the bail application was dismissed, rejecting the petitioner's defense of false implication.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38323 of 2013
====================================================== Md. Perwez Alam, son of Makbool Miyan, resident of Raghunthpur, P.S. Turkoulia, District- East Champaran.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 11-09-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is an accused in connection with Sessions Trial No.320 of 2013 arising out of Samastipur (Muffasil) P.S. Case No.100 of 2013 registered for the offences punishable under Sections 366A and 376 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that in fact, the petitioner and the informant fell in love and on 26.02.2013 when both were moving together, the police caught hold the petitioner and falsely implicated him in this case on the basis of fardbeyan of victim Rinki Kumari. It is also stated that the petitioner is in custody since 26.02.2013.
The allegation against the petitioner is that he kidnapped the victim Rinki Kumari while she was going to attend her school in the way on the pretext that her mother called her in a hospital as she was ill. The victim was kept at several
Patna High Court Cr.Misc. No.38323 of 2013 (2) dt.11-09-2013
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places and rape was committed by the petitioner on her. On 26.02.2013 the police caught hold the petitioner and the victim Rinki Kumari and on the basis of the statement of the victim Rinki Kumari, who is aged about 15 years, the F.I.R. was lodged.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner in connection with Sessions Trial No.320 of 2013 arising out of Samastipur (Mofassil) P.S. Case No.100 of 2013 pending in the court of Additional Sessions Judge-III, Samastipur.
Accordingly, this application is rejected.
(Rajendra Kumar Mishra, J)
Sunil/-
1 issue framed by the court
Whether bail should be granted to the accused facing charges of kidnapping and rape.
Md. Perwez Alam
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
