The Patna High Court rejected the bail application of the petitioner charged with rape. Despite the medical report showing no signs of rape, the court was not inclined to grant bail due to the victim's specific allegations made promptly after the incident.
The petitioner was not enlarged on bail and the application was 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.5500 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -MAHILA PS District- DARBHANGA ====================================================== 1. Ibrahim Kujra S/o Sultan Kujra resident of village - Benipur Kujratoli, P.S. Bahera, Distt. - Darbhanga .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Kamran For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 11-02-2015 Heard Md. Md. Kamran learned counsel for the petitioner, learned A.P.P. for the State. Petitioner seeks bail in Mahila P.S. Case No. 87 of 2014 registered under sections 376, 506 of the Indian Penal Code and 3(1) (x) of the SCST Act. The victim made very specific allegation that while she had gone to attend the call of nature the petitioner over powered her and committed rape with her.
Learned counsel for the petitioner submits that the doctor did not found any sign of rape.
On perusal of record it appears that the occurrence took place on 13.7.2014 but the victim was examined on 02.08.2014. The victim has made very specific allegation
Patna High Court Cr.Misc. No.5500 of 2015 (2) dt.11-02-2015
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that the petitioner committed rape on her.
Considering the aforesaid fact, I am not inclined
to enlarge the petitioner on bail. The same is rejected.
(Prabhat Kumar Jha, J)
M.Rahman/U T
1 issue framed by the court
Whether the petitioner entitled to be enlarged on bail in a rape case where medical examination report showed no signs of rape but specific allegations were made shortly after.
3 provisions across 2 enactments
Ibrahim Kujra
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
