In an oral bail application by an accused charged with rape, the Patna High Court rejected the prayer, dismissing claims of false implication and finding the facts did not justify release on bail at that stage.
Prayer for bail is rejected.
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Patna High Court Cr.Misc. No.43570 of 2012 (8) dt.11-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43570 of 2012 ====================================================== Pinku Chaudhary @ Sushil Kumar Chaudhary, S/o Nagendra Chaudhary, R/o. Village- Ratanpura, P.S. Bhagwanpur, District- Vaishali. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 8 11-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection Sessions Trial No. 230 of 2012 arising out of Bhagwanpur P.S. Case No. 137 of 2009, registered under Sections 376/34 of Indian Penal Code.
There is specific allegation that petitioner has committed rape upon the victim.
Learned counsel for the petitioner submits that petitioner has falsely implicated in this case as he is being an Advocates’ Clerk and due to make parivi of his uncle the informant (the father of the victim) has lodged a case against his uncle for offence under Section 307 I.P.C. as well as against the petitioner for offence under Section 376 I.P.C.
However, it is quite unnatural that victim has falsely
Patna High Court Cr.Misc. No.43570 of 2012 (8) dt.11-04-2013
implicated this petitioner as social stigma attached with the victim. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is hereby rejected at this stage.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether bail should be granted to the petitioner accused under Section 376 IPC?
Pinku Chaudhary
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
