Ashok Singh v. The State Of Bihar
Case brief
What is this about?
The Patna High Court rejected a prayer for anticipatory bail filed by Ashok Singh, who faced charges of rape and offences under the POCSO Act. The court held that since the victim identified the petitioner in her Section 164 Cr.P.C. statement, anticipatory bail could not be granted despite defects in independent witness corroboration and age assessment.
What did the court decide?
The prayer for anticipatory bail stands rejected as the victim identified the petitioner in her Section 164 Cr.P.C. statement.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8024 of 2016
Arising Out of PS.Case No. -258 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashok Singh, son of Late Asharfi Singh resident of village- Bajitpur, P.S.Madhuban, District- East Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Binod Kumar Singh, Advocate Mr. Rajesh Kumar Singh, Advocate. For the Informant : Mr. J.K. Giri, Advocagte. For the Opposite Party : Mr. A.K.Choudhary(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3 11-05-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
Petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 258 of 2015 for the offence punishable under Section 376 of the Indian Penal Code and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
The Prosecution case is that the informant Sita Devi gave her written application to the S.H.O. Madhuban P.S. alleging therein that on 13.08.2015 at 3 P.M., her daughter Pushpa Kumari aged about 13 years was sleeping in her house in the meantime, the petitioner finding her alone entered into her house and committed rape with her and threatened if the matter is disclosed
Patna High Court Cr.Misc. No.8024 of 2016 (3) dt.11-05-2016
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they will be killed.
Issues for consideration
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving alleged rape and POCSO offences.
Whether the victim's identification in the statement under Section 164 Cr.P.C. warrants rejection of the bail prayer.
Parties & counsel
- petitioner
Ashok Singh
- respondent
The State of Bihar
Coram
Nilu Agrawal
Case details
As recorded by the court registry
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