The Patna High Court rejected the petitioner's bail application in a rape case. The court expressed skepticism about a minor victim's allegation against a stranger given the medical report's conflicting age finding and lack of corroboration.
Prayer for bail rejected.
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Patna High Court Cr.Misc. No.6166 of 2014 (3) dt.09-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6166 of 2014
====================================================== Lalo Yadav, Son of Sri Fulten Yadav, Resident of Village-Baburahi, P.S.Sahebpur Kamal, District-Begusarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Siddhartha Prasad, Advocate. For the Opposite Party : Mr. Uday Chandra Pd., APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 09-05-2014 Heard learned counsel for the petitioner, State and learned counsel for the informant. The petitioner seeks bail in a case which has been registered under Section 376 of the Indian Penal Code. The informant has claimed to be of ten years and she has described as to how she was duped and raped by the petitioner.
Submission is that there is no corroboration of the allegation. The medical examination report belies her allegation of rape and she was found to be 14 – 15 years so she has lied in her statement.
No girl will come and alleged such a false allegation against any stranger, considering this I am not inclined to grant bail to the above named petitioner. Accordingly, his prayer for bail is rejected.
(Shyam Kishore Sharma, J.)
KKSINHA/-
1 issue framed by the court
Whether bail should be granted to the petitioner accused of rape under Section 376 IPC, considering the lack of corroboration and conflicting medical age assessment.
1 provisions across 1 enactments
Lalo Yadav
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
