The High Court at Patna rejected the bail petition of the petitioner accused of rape, considering the victim was a minor who supported the accusation in a Section 164 Cr.P.C. statement.
Bail prayer in connection with Bheja P.S. Case No. 25 of 2012 stands 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20436 of 2015
| Arising Out of PS.Case No. -25 Year- 2012 Thana -BHEJA District- MADHUBANI | |
|---|---|
| ====================================================== 1. Anil Kumar Mahto @ Anil Mahto @ Indal Mahto son of Jiwachh Mahto, resident of Village- Daldal, P.S.- Bheja, District- Madhubani .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sanjay Kumar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
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| 5 | 08-10-2015 Heard learned counsel for the petitioner and |
| learned Additional Public Prosecutor for the State. | |
| Taking into consideration that the victim has | |
| supported the accusation of rape in her statement recorded under | |
| Section 164 Cr.P.C. and the victim was minor at the time of | |
| occurrence, I am not inclined to release the petitioner on bail, hence, his prayer for bail in connection with Bheja P.S. Case No. 25 of 2012 pending in the court of the Additional Chief Judicial |
|
| Magistrate, Jhanjharpur, stands rejected. |
(Hemant Kumar Srivastava, J)
S.Pandey/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail where the victim is a minor and has supported the accusation in statement under Section 164 Cr.P.C.
1 provisions across 1 enactments
Anil Kumar Mahto
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
