Patna HC rejected bail plea in IPC 376/34 rape case due to specific allegations and victim statement. Court directed renewal after six months if no case progress.
Prayer for bail rejected; directed to renew after six months if no progress in court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35451 of 2017
Arising Out of PS.Case No. -101 Year- 2016 Thana -KASBA District- PURNIA
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anujit Sinha, Advocate For the Opposite Party/s : Mr. Mustaque Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
The petitioner seeks regular bail in Kasba P. S. Case No. 101 of 2016 registered for the offence under Sections 376/34 of the Indian Penal Code.
It is alleged in the written report, that the petitioner was having sexual relationship with the younger daughter of the informant and she became pregnant. The father of the petitioner gave Rs. 5000/- to the victim girl to get abortion. The case diary has been received. The victim girl in her statement under Section 164 Cr. P.C. as mentioned in para-26 of the case diary has levelled specific allegation against this petitioner of committing rape with her on account of which she became pregnant.
Patna High Court Cr.Misc. No.35451 of 2017 (4) dt.01-09-2017
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Learned counsel for the petitioner has submitted that the occurrence had taken place on 01.09.2016 whereas F.I.R. has been lodged on 09.09.2016. The medical examination was done on 03.09.2016.
In view of specific allegation in the written report and the statement of the victim recorded under Section 164 Cr. P. C., this Court is not inclined to grant bail to the petitioner and his prayer is rejected at this stage.
Learned counsel for the petitioner is directed to renew his prayer for bail after six months, in the event no substantive progress is made in the case in Court below.
(Sanjay Priya, J)
Sudha/-
U T
2 issues framed by the court
Whether to grant regular bail to the petitioner in the case of rape and criminal breach of trust.
Whether the court should allow renewal of bail plea after six months if no substantive progress is made.
1 provisions across 1 enactments
Rupesh Das @ Rupesh Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
