The High Court at Patna rejected the petitioner's bail application in a rape case involving a minor victim who disclosed pregnancy. The court found facts indicating an established sexual relationship rather than foul play.
Bail application 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.10026 of 2017
Arising Out of PS.Case No. -171 Year- 2016 Thana -SULTANGANG District- PATNA
====================================================== 1. Md. Pappu S/o Late Serajuddin, Resident of Baksaraya Tola, P.S. Sultanganj, District- Patna.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Sultanganj P.S. case No. 171 of 2016 under Section 376 of the Indian Penal Code and under Section 4/6 of POCSO Act.
The informant, father of the victim, alleged that his daughter disclosed that petitioner committed rape with her and she is pregnant.
The learned counsel for the petitioner submits that wife of the petitioner filed a petition before the S.S.P., Patna to make impartial investigation and also get D.N.A test of foetus so that true facts may come to light. It is further submitted that petitioner has falsely been implicated in the case
but from perusal of the FIR as well as the statement of
Patna High Court Cr.Misc. No.10026 of 2017 (3) dt.23-03-2017
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victim, who is a minor girl, it appears that petitioner continued to have established sexual relationship with the victim and on account of such she became pregnant.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving rape and probable pregnancy of a minor under Section 376 IPC and POCSO Act.
2 provisions across 2 enactments
Md. Pappu
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
