In a bail application arising from a POSCO Act case alleging gang rape, the Patna High Court rejected the petitioner's prayer, citing the serious nature of the allegations and the victim's testimony.
Prayer for bail is rejected; petitioner stands rejected on bail in Plaintiff's Case No. 322 of 2015.
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.24635 of 2016
Arising Out of PS.Case No. -322 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Pratap Prasad S/o Birendra Prasad, Resident of Village- Navalpur, P.S. Yogapatti, Distt.- West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Navin Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 19-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-376D/420/373/374/328 of the Indian Penal Code and Immoral Act 6 & 4 POSCO Act. There is a very serious allegation against the petitioner as well as other FIR named accused and the informant has very clearly stated in her statement recorded u/S 164 of the Cr.P.C. that she was gang raped by the petitioner and his associates and, after that, she was taken to brothel for sale but anyhow, she got released herself from the clutches of the petitioner and his associates and, lodged the present case.
Patna High Court Cr.Misc. No.24635 of 2016 (3) dt.19-07-2016
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Considering the above-said facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Jogapatti P.S. Case No. 322 of 2015 pending in the court of learned Additional District & Sessions Judge-Ist-cumSpecial Judge, POSCO Act, Bettiah, West Champaran stands rejected.
(Hemant Kumar Srivastava, J)
A.K.V./U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving serious allegations of gang rape under POSCO Act and IPC.
Whether the gravity of the charges and the statement of the victim dissuade the court from granting bail.
2 provisions across 2 enactments
Pratap Prasad S/o Birendra Prasad
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
