The High Court at Patna considered a bail petition in a rape case. Despite an allegation of resiling by the victim, the Court, looking at the nature of the offence, rejected the bail plea and directed the trial court to expedite the trial.
Bail petition rejected; trial court directed to expedite the trial.
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.48172 of 2015
Arising Out of PS.Case No. -162 Year- 2015 Thana -RAJAULI District- NAWADA ====================================================== 1. MUKESH BHUIYAN @MUKESH MANJHI S/o babulal Bhuiyan, resident of village- Baliya, P.S. Rajauli, District- Nawada .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Pramod Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 02-11-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Rajauli P.S.Case No. 162 of 2015 registered u/s 376 and 20-1 IPC and 6/8 of POSCO Act. Allegation has been made that the petitioner took the victim girl and committed rape on her. Further allegation is that after some time, the petitioner repeated the offence with the victim. Counsel for the petitioner submits that the victim in her statement made u/s 164 Cr. P.C. resiled from the allegation. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. This petition is accordingly rejected. However, the trial court is directed to expedite the trial.
Jay/- (Shivaji Pandey, J) U
2 issues framed by the court
Whether bail should be granted to the petitioner accused of rape under sections 376 and 20-1 IPC.
Whether the allegation of resiling by the victim in the statement under section 164 Cr. P.C. warrants bail.
Mukesh Bhuiyan @ Mukesh Manjhi
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
