Criminal Miscellaneous application for anticipatory bail was filed regarding allegations of rape. The High Court, considering the complainant's pregnancy and the gravity of the offence, refused bail and dismissed the petition.
Anticipatory bail application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5680 of 2013
| ====================================================== Bijay Sharma, son of Bachan Sharma, resident of village Balia Basa, Gopalpur, P.S. Uda Kishunganj, District Madhepura. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
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Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate AOR No.08839 For the Opposite Party/s : |
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| ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER |
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| 2 | 08-02-2013 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest for the alleged offences under Sections 376,312,323 and 504 I.P.C. registered in connection with Uda Kishunganj P.S.Case No. 92 of 2102 (arising out of Complaint Case No. 421/2012). 3. The allegation is with regard to rape allegedly committed by one Lalu Sharma three and half months earlier. 4. Learned counsel for the petitioner submits that the complaint itself discloses that the rape was committed by Lalu Sharma whereas petitioner and other co-accused are said to be his C.I.D. 5. Considering however, that the complainant became pregnant and it is alleged that the petitioner and other co- accused tried to give her medicine for aborting her pregnancy though unsuccessful and also considering the gravity of the offence this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. 6. The bail petition is accordingly dismissed. |
Chandran
(Vikash Jain, J)
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest under Sections 376 and other IPC offences.
1 provisions across 1 enactments
Bijay Sharma
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
