Pravesh Mukhiya v. The State Of Bihar
Case brief
What is this about?
Petitioner challenged his arrest in a rape case under IPC 376 alleging an abortive attempt. Anticipatory bail was rejected by the High Court.
What did the court decide?
Application for anticipatory bail was rejected.
What the court decided
A compact analysis
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.49233 of 2014
Arising Out of PS.Case No. -132 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Pravesh Mukhiya Son of Harendra Mukhiya Resident of Village - Bariyarpur Bintoli, Police Station Nautan, District West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Khatim Reza For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 06-04-2015 Heard both sides. The petitioner apprehends his arrest in a case under section 376 and other sections of the Indian Penal Code. The prosecutrix made allegation that the petitioner entered into her house finding her alone, and made abortive attempt to rape the victim. Learned counsel for the petitioner submits that the father of the petitioner filed Complaint Case No. 1062(c) of 2014. None of the witnesses have supported the case. On the face of it, the prosecutrix has made specific allegation against this petitioner that
Patna High Court Cr.Misc. No.49233 of 2014 (2) dt.06-04-2015
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he made abortive attempt to rape her.
I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a rape case.
Parties & counsel
- petitioner
Pravesh Mukhiya
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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