In Cr.MC. No. 18563 of 2014, the Patna High Court dismissed a bail application in a 2008 rape charge. The court rejected the plea, directing the petitioner to renew the prayer only after the victim's examination.
Bail prayer rejected; petitioner directed to renew prayer after examination of victim.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.18563 of 2014
Arising Out of PS.Case No. -109 Year- 2008 Thana -POTHIYA District- KISANGANJ
====================================================== JOSEPH HANSDA @ JOSEF HASDA S/O MUSE HAUSDA RESIDENT OF SATAMIRI, P.S. PAHARKATTA (POTHIA), DISTRICT KISHANGANJ. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Diwakar Sinha, Adv. For the State : Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
6 26-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Petitioner has been alleged to have
committed rape on victim Khushboo Marandi.
It has been submitted on behalf of petitioner that from the narration of the complaint petition, it is evident that the allegation happens to be palpably false as the narration did not inspire confidence. It has also been submitted that instead of approaching the police, informant had filed complaint petition after twelve days of the alleged occurrence without any explanation. It has further been submitted that petitioner happens to be under custody since 22-06-2013.
Patna High Court Cr.Misc. No.18563 of 2014 (6) dt.26-08-2014
2
On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that the explanation is itself incorporated in the complaint petition that on account of strike of lawyers, the delay has caused. It has further been submitted that there happens to be no reason assigned for getting the petitioner falsely implicated in this case that too by the victim relating to the occurrence of rape whereunder not only her physical violation has been effected rather she happens to be torn to shreds socially, emotionally as well as prestige of the family is also found at stake. Not only this, the occurrence is of the year 2008 and petitioner remained out of grip for such long period.
Accordingly, prayer for bail is rejected. If so advised, petitioner may renew his prayer after examination of victim.
(Aditya Kumar Trivedi, J.)
PN/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a rape case pending for over a year without examination of the victim.
Joseph Hansda @ Josef Hasda
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
