Single-judge oral order denying bail to petitioner in a rape case under Section 376 IPC. Bench declined bail despite claims of victim petition, while directing trial court to conclude proceedings within nine months.
Prayer for bail rejected; direction to trial court to conclude trial within nine months issued.
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.24313 of 2017
Arising Out of PS.Case No. -60 Year- 2017 Thana -NARPATGANJ District- ARRARIA
======================================================
Rajendra Yadav, son of Darpu Yadav, Resident of Village Khaira Chanda Ward No.4, Police Station- Narpatganj, District- Araria.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 10-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Narpatganj P.S.Case No. 60 of 2017 registered for the offences punishable under Section 376 of the Indian Penal Code.
Allegation against the petitioner is of committing rape
on a girl of unsound mind, who has also supported the case in her statement under Section 164 Cr.P.C.
It has been submitted on behalf of the petitioner that later on the victim girl has filed a petition before the court stating that she has not filed such type of case against the petitioner and petitioner is in custody for about four months.
Heard learned APP also, who has opposed the prayer
for bail.
Patna High Court Cr.Misc. No.24313 of 2017 (4) dt.10-07-2017
2/2
Having heard both sides and considering the aforesaid
facts and circumstances, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.
However, learned trial court is directed to expedite the
trial and try to conclude it within a period of nine months.
(Vinod Kumar Sinha, J)
spal/-
U
2 issues framed by the court
Whether bail can be granted in a rape case involving a victim of unsound mind under Section 376 IPC.
Whether allegations of false filing by the victim justify granting bail before trial concludes.
Rajendra Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
