The High Court of Patna rejected the petitioner's bail prayer in a murder/dunlop/366/34 IPC matter. The accused alleged false implication and irregularities in the FIR, claiming the victim's statement was an afterthought, but the court was not inclined to grant bail.
The prayer for bail in connection with S.Tr. No. 20 of 2017 stands 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.19215 of 2017
Arising Out of PS.Case No. -9 Year- 2016 Thana -MAHARAJGANJ District- SIWAN
======================================================
Rajan Sah, S/o Late Prem Chand Sah, Resident of Village- Ramapali, P.S.Maharajganj, District- Siwan.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Manoj Kumar, Advocate For the Opposite Party : Smt. Sharda Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
6 05-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with S.Tr. No. 20 of 2017 arising out of Maharajganj P.S Case No. 09 of 2016 registered for the offence punishable under Section 366/34 of the Indian Penal Code.
Allegedly, the petitioner and other two co-accused named in the F.I.R. kidnapped the daughter of the informant and during investigation, the victim lady returned from the custody of the petitioner and others and gave her statement under Section 164 of the Cr.P.C. wherein she has stated regarding her kidnapping and also that the petitioner and two others committed rape with her for three months, resulting, she is pregnant of about one and half
Patna High Court Cr.Misc. No.19215 of 2017 (6) dt.05-07-2017
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months.
Submission is of false implication and that the petitioner is in custody since 25.11.2016, F.I.R. has been lodged after delay of about one month. The petitioner has been made victim of the circumstances, the prosecution story appears not probable and reliable, the statement of the victim lady is afterthought and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P seriously opposes the prayer of bail.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with S.Tr. No. 20 of 2017 arising out of Maharajganj P.S Case No. 09 of 2016, pending in the court of learned Additional District and Sessions Judge-III, Siwan.
(Jitendra Mohan Sharma, J.)
Rajiv/-
U T
3 issues framed by the court
Whether the petitioner, accused of kidnapping and rape, is entitled to bail.
Whether the allegations in the FIR are improbable and the victim's statement is an afterthought.
Whether the petitioner deserves sympathetic consideration for bail release.
1 provisions across 1 enactments
Rajan Sah
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
