Patna High Court rejected bail application in a case involving murder and rape of an 8-year-old girl, noting the petitioner made a false statement regarding lack of criminal antecedents.
Bail was 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.
Patna High Court Cr.Misc. No.1128 of 2014 (3) dt.11-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1128 of 2014
====================================================== 1. Md. Hasan Sarwar Son Of Late Navi Karim Resident Of Village - Birdipur, P.S. - Simri, District - Darbhanga
.... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Shahnawaz Ali, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER -------------- 3 11-03-2014 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the informant..
The petitioner seeks bail in Simri P.S.Case No. 28 of 2013 (Sessions Trial No. 306 of 2013) which has been registered for offences under Sections 302, 376 and 201 of the Indian Penal Code.
In paragraph 3 it has been mentioned that the petitioner has no criminal antecedent. Learned counsel for the informant has pointed out that the petitioner is already accused in one case under Section 498A of the Indian Penal Code from before.
The petitioner has apparently made false statement in paragraph 3 of this application. The present case
Patna High Court Cr.Misc. No.1128 of 2014 (3) dt.11-03-2014
relates to killing of a girl aged 8 years and it has come during investigation that she was also raped. Considering the wrong statement in the petition and the allegation, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected.
(Shyam Kishore Sharma, J)
Tahir/-
2 issues framed by the court
Whether bail should be granted to the petitioner despite a false statement regarding antecedents in the bail application?
Whether the gravity of the offences and corroboration of rape allegation bars the grant of bail?
2 provisions across 1 enactments
Md. Hasan Sarwar
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
