This short order dismisses a bail application. The petitioner, accused of kidnapping and raping a married woman, is denied bail citing the serious nature of the charges. The court does not grant bail and orders the trial to be expedited.
Bail application rejected; trial to be expedited.
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.10533 of 2015
Arising Out of PS.Case No. -402 Year- 2014 Thana -JAKKANPUR District- PATNA ====================================================== Shivanand Tiwary @ Shiv Kumar Tiwary Son of Sri Ram Dulare Tiwary, Resident of Indian Oil Corporation, Siara Hind Nagar, P.S. - Jakkanpur, District - Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 14.10.2014 in a case registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code. Subsequently, section 376 IPC was also added. The prosecution case is that the informant took his daughter-in-law Juli Kumari, grand son and grand daughter to doctor. While returning home the informant and others stayed near a temple when the informant went to purchase sweet for the children but return he found the daughter-in-law and the grand children missing. The occurrence is of 07.01.2014 when the
Patna High Court Cr.Misc. No.10533 of 2015 (5) dt.06-07-2015
2/3
FIR was registered on 08.10.2014. The informant claims to have gone to the shop of the petitioner which was situated near the temple when the shop was found closed. Subsequently, the police arrested the petitioner on 14.10.2014 with the victim from Golabari under Howrah P.S. The victim gave her statement under Section 164 Cr.P.C. where she has stated that on knife point she was administered liquor and was ravished firstly at Patna in a hotel and thereafter at Kolkata.
It is submitted by learned counsel for the petitioner that it is a simple case of love affairs. The victim of her own went in the company of this petitioner and subsequently the victim was killed by her husband and other family members for which a separate FIR has been registered being Naubatpur P.S. Case No. 569 of 2014 and the husband of the victim is in custody. The investigation has already concluded.
This is not in dispute that the petitioner was aware about the fact that the victim is a married lady having two children.
Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner in connection with Jakkanpur P.S. Case No. 402 of 2014 pending in the court of learned Chief Judicial Magistrate, Patna.
Patna High Court Cr.Misc. No.10533 of 2015 (5) dt.06-07-2015
3/3
Accordingly, the prayer for bail of the petitioner is rejected. Let the trial be expedited.
(Dinesh Kumar Singh, J) DKS/U T
2 issues framed by the court
Whether bail should be granted to the accused in a case involving kidnapping and rape.
Whether the allegations constitute a simple love affair case warranting bail.
Shivanand Tiwary @ Shiv Kumar Tiwary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
