In an application for pre-arrest bail in a rape case, the Patna High Court rejected the petitioner's prayer, noting the gravity of the allegations and the opposition by the prosecution, without granting privilege despite claims of false allegations and social prestige.
Prayer for pre-arrest bail was 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.33499 of 2016
Arising Out of PS.Case No. -55 Year- 2016 Thana -DAGARUA District- PURNIA ====================================================== Md. Samrul, S/o Gulam Mustafa, Resident of: Village- Bachhardah, P.S. - Dagarua, district- Purnea. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Sri Shantanu Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 20-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks pre-arrest bail in connection with Dagarua P.S. Case No. 55 of 2016 registered for the offences punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code.
Allegedly, the petitioner committed rape at the point of knife after bringing the informant in maize filed and when she started weeping, the petitioner assured her to marry with her and on that assurance again developed physical relationship with her, resulting she became pregnant and thereafter the petitioner refused to marry with her
Submission is of false allegation and that only with a
Patna High Court Cr.Misc. No.33499 of 2016 (2) dt.20-08-2016
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view to put pressure this false case has been lodged, no such occurrence has taken place, the petitioner has been elected a member of Gram Panchayat, he has got prestige in the society and as such he deserves sympathetic consideration.
Learned A.P.P seriously opposes the prayer of pre-
arrest bail.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with Dagarua P.S. Case No. 55 of 2016 pending in the court of learned Chief Judicial Magistrate, Purnea.
(Jitendra Mohan Sharma, J.)
Rajiv/U T
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner accused of serious offences including rape.
1 provisions across 1 enactments
Md. Samrul
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
