The High Court dismissed a bail application filed by Bijay Hembram, who was under custody for rape and other offences under the IPC and POCSO Act. The court denied bail due to the victim being a minor and corroboration by a Section 164 statement.
Bail to the petitioner was denied and the petition was dismissed.
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. 7081 of 2016
Arising Out of PS.Case No. -33 Year- 2015 Thana -DANDKHORA District- KATIHAR ====================================================== Bijay Hembram @ Vijay Hembrum son of Bittan Hembram, resident of Village- Sarmati, P.S.- Dandkhora, District- Katihar. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4. 12-04-2016 Heard Sri Bimal Kumar, learned counsel for the petitioner and Sri Mukeshwar Dayal, learned Addl. Public Prosecutor.
The petitioner, who is in custody in Dandkhora P.S. Case No. 33 of 2015 registered for the offence under Sections 376, 323 & 120(B) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012, has prayed for grant of bail.
Learned counsel for the petitioner firstly submits that initially a complaint case was filed, which was referred to the police and in complaint petition, the informant had alleged that she was repeatedly raped by the petitioner, whereas, in statement recorded under Section 164 of Cr.P.C., the victim girl has stated
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that she was raped thrice and she was having physical relation with the petitioner since last one year. On this ground, he makes a prayer for grant of bail.
Sri Dayal, learned Addl. Public Prosecutor has opposed the prayer for bail. After examining the case diary, he submits that the victim is a minor girl and on medical examination, her age was assessed in between 15 and 16 years. He has also submitted that accusation has been corroborated in the statement of the victim recorded under Section 164 Cr.P.C.
In view of facts and circumstances, particularly; the fact that in this case, the victim is a minor girl as well as statement recorded under Section 164 Cr.P.C., I do not find any ground to grant bail.
The petition stands dismissed.
(Rakesh Kumar, J.)
Anay
U T
1 issue framed by the court
Whether bail should be granted to the accused charged with rape and offences under the POCSO Act given the victim is a minor and corroborated statements exist.
3 provisions across 3 enactments
Bijay Hembram @ Vijay Hembrum
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
