The Patna High Court rejected a petition for anticipatory bail under the SC/ST (Prevention of Atrocities) Act in a rape case, holding that the court is not inclined to grant such relief.
Prayer for anticipatory bail is 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.16986 of 2016
Arising Out of PS.Case No. -132 Year- 2015 Thana -CHAKAI District- JAMUI ====================================================== 1. Umesh Rai, Son of Biso Rai, Resident of village- Ghatiyari, DistrictJamui .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 25-04-2016 Heard the Counsel for the petitioner and the Special P.P. for the State.
Petitioner is facing accusations punishable under Section 376 of the Indian Penal Code read with the penal provisions of the SC/ST (Prevention of Atrocities) Act vide Chakai P.S. Case No. 132 of 2015.
The informant has alleged that on the date of occurrence, she was made to believe that her wages will be paid and taken to a lonely place where the petitioner committed rape on her. In course of investigation, witnesses supported the prosecution case. Three months later, the girl was produced for her statement under Section 164 Cr.P.C. in which she has denied. It may be because of the undue pressure on her. It appears that in
Patna High Court Cr.Misc. No.16986 of 2016 (2) dt.25-04-2016
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course of investigation made immediately after recording the F.I.R., the witnesses have supported the prosecution case.
In the fitness of things, this Court is not inclined to privilege the petitioner with anticipatory bail. Prayer is, accordingly, rejected.
(Kishore Kumar Mandal, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the alleged contradictions in the complainant's statement and witness testimony.
1 provisions across 1 enactments
Umesh Rai
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
