Single Judge of Patna High Court disposed of an application for anticipatory bail rejected in rape FIR involving allurement and forced sexual relationship allegations against a 16-year-old girl.
Prayer for anticipatory bail to petitioner rejected.
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Patna High Court Cr.Misc. No.31101 of 2016 (2) dt.18-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31101 of 2016
Arising Out of PS.Case No. -36 Year- 2015 Thana -MAHILA P.S. District- MADHUBANI ====================================================== Heera Jha S/o Baidyanath Jha, R/o Vill- Jamsam, P.S.- Pandaul, DistMadhubani. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Suman Kumari, D/o Baijunath Jha, Resident of Village- Jamsam, P.S.Pandaul, Dist- Madhubani. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s : Mr. M. Dayal, APP For the Informant : Mr. Sanjeev Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 18-08-2016 Heard the counsel for the petitioner, Mr. M. Dayal, APP for the State and Mr. Sanjiv Kumar Jha for the Informant. The petitioner is named in the First Information Report vide Madhubani Mahila P.S. Case No. 36 of 2015 registered under Sections 342, 493, 376, 313/34 of the Indian Penal Code with an allegation that he forcibly committed rape on the informant’s 16 years old daughter. The manner in which she was allured by the petitioner to establish sexual relationships has been spelt out in the FIR. Even in the statement made under Section 164 of Cr.P.C. the prosecutrix has repeated the same allegation against
Patna High Court Cr.Misc. No.31101 of 2016 (2) dt.18-08-2016
the petitioner.
In my view, it is not a fit case where the privilege
of anticipatory bail should be granted.
The prayer for bail to the petitioner is rejected.
(Kishore Kumar Mandal, J)
rohit/-
U T
1 issue framed by the court
Whether privilege of anticipatory bail should be granted to the petitioner charged with rape.
2 provisions across 2 enactments
Heera Jha
The State of Bihar
Suman Kumari
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
