Criminal Miscellaneous petition for bail in a rape case dismissed. The petitioner claimed false implication and inconsistency in the place of occurrence, but the court held the informant's statement was categorical, making it a non-fit case for bail.
Prayer for bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8281 of 2015
Arising Out of PS.Case No. -22 Year- 2014 Thana -MAHILA PS District- JAMUI
====================================================== SHREE MANDAL S/O LATE RAGHUWAR MANDAL RESIDENT OF VILLAGE MANJHWAY, P.S. AND DISTRICT JAMUI.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Sharma, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
4 11-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Petitioner is the sole person who allegedly committed rape upon the informant.
It has been submitted on behalf of petitioner that he has been falsely implicated on account of prevailing dispute. It has also been submitted that there happens to be inconsistency in between the prosecution case because of the fact that as per narration of the written report it is apparent that rape was committed in a wheat crop filed while from the place of occurrence incorporated under para-18 of the case diary no such finding has been recorded by the Investigating Officer during course of inspection of the place of occurrence. So submitted that petitioner be released on bail.
On the other hand, learned Additional Public Prosecutor opposed the prayer.
Patna High Court Cr.Misc. No.8281 of 2015 (4) dt.11-05-2015
2
There happens to be categorical statement of the informant regarding rape having been committed by the petitioner, I do not see it a fit case for grant of bail.
Prayer for bail is rejected.
(Aditya Kumar Trivedi, J.)
PN/-
U T
2 issues framed by the court
Whether the petitioner is fit for release on bail given the categorical statement of the informant regarding rape.
Whether the alleged inconsistency in the prosecution case regarding the place of occurrence warrants bail.
SHREE MANDAL
THE STATE OF BIHAR
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
