The High Court of Patna rejected the petitioner's application for bail in a rape case. Finding the victim supported the FIR allegations, the court declined the prayer and ordered detention.
Bail prayer rejected; petitioner held in custody.
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.29609 of 2016
Arising Out of PS.Case No. -21 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Pappu Sah son of Majhi Sah, resident of Village- Madhuban Bazar, P.S.Bajpatti, District- Sitamarhi. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Sri Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 26-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code.
Petitioner is named in the first information report with specific allegation of rape and from perusal of the impugned order, I find that the victim has also supported the contents of first information report.
Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Bajpatti P.S. Case No.21 of 2016 pending
in the court of Sub Divisional Judicial Magistrate, Pupari,
Patna High Court Cr.Misc. No.29609 of 2016 (2) dt.26-07-2016
2/2
Sitamarhi stands rejected.
(Hemant Kumar Srivastava, J)
N.H./-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail pending trial in a case involving charge of rape under Section 376 IPC.
1 provisions across 1 enactments
Pappu Sah
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
