In a bail petition under PC 363, 366A, and 376, the Patna High Court rejected the prayer due to the gravity of rape allegations and the petitioner's false statement regarding his criminal antecedents.
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.1939 of 2014 (3) dt.05-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1939 of 2014
====================================================== 1. Anand Kumar S/O Lakhan Das Village Nehal Chak Lakhana, P.S.Gaurichak, District- Patna At Present Address R/O Mohalla - Hawai Adda, P.S.- Hawal Adda, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lallu Prasad, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 05-03-2014 Heard learned counsel for the petitioner, learned counsel representing the State and learned counsel representing the informant.
The petitioner seeks bail in a case registered under sections 363, 366A of the Indian Penal Code and subsequently section 376 of the Indian Penal Code was added.
The informant’s daughter Radha Kumari @ Pallav Kumari did not return from the tuition. Subsequently the informant knew that she was taken away by the petitioner. The victim was traced out and her statement under section 164 Cr.P.C. was recorded wherein she has described her agony. She also stated that she was raped by the petitioner during captivity.
Learned counsel for the petitioner submitted that the
Patna High Court Cr.Misc. No.1939 of 2014 (3) dt.05-03-2014
victim has lodged a complaint case against her parents in which she was examined on S.A. in which she stated that her parents were torturing her as well as her husband. It has further been submitted that the victim has been assessed to be a major girl by the Medical Board and the relationship with the petitioner was with consent.
Learned counsel for the informant submits that the petitioner has made solely incorrect statement in paragraph three of his petition that he has no criminal antecedent. He annexed the photo stat copy of the case in the counter affidavit registered under sections 341, 323, 307, 354, 379/34 Indian Penal Code and in that case chargesheet has been submitted.
Apparently, a false statement made by the petitioner to which the learned counsel for the petitioner said that the case has ended in acquittal.
Apparently, the statement made in paragraph three is incorrect and when it was pointed out by the learned counsel representing the informant, then only the petitioner has admitted his involvement.
The victim has narrated that how she was brutalized by the petitioner.
Considering the allegation, prayer for bail of the
Patna High Court Cr.Misc. No.1939 of 2014 (3) dt.05-03-2014
petitioner is rejected in connection with Shastri Nagar P.S. Case
No. 216 of 2013.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether bail should be granted to the petitioner accused of rape and kidnapping.
Whether the petitioner's denial of criminal antecedents is true.
3 provisions across 1 enactments
Anand Kumar
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
