The Court rejected the bail petition of Ram Yadav in a case involving rape and threatening allegations, declining to enlarge the petitioner on bail despite claims of a counter-blast.
Bail petition rejected; petitioner not enlarged on bail.
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.45943 of 2017
Arising Out of PS.Case No. -52 Year- 2016 Thana -MAHILA P.S District- SUPAUL
======================================================
Ram Yadav, S/o Late Bauku Yadav, resident of Village- Situhar, P.S.Supaul, District- Supaul. .... .... Petitioner.
Versus
The State of Bihar. .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Uday Pratap Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
02 19-09-2017
The petitioner seeks bail in Supaul Mahila P.S. Case No.52 of 2016 registered under Section 376/506 of the Indian Penal Code.
As per the prosecution case, the petitioner is said to have committed rape against the informant intruding into her house in the night and extended threatening of dire consequences in case of divulgence of the occurrence to others.
It is submitted by learned counsel for the petitioner that no such offence, as alleged, has taken place. As a matter of fact, it is a counter blast of the Complaint Case No.481(C)/2016 lodged by the wife of the petitioner against the informant and others, though lodged later to the case under hand. The petitioner
Patna High Court Cr.Misc. No.45943 of 2017 (02) dt.19-09-2017
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has been languishing in custody since 28.06.2017.
In the facts and circumstances of the case, I am not
inclined to enlarge the petitioner on bail. Accordingly, this petition is rejected.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner be granted bail in a case registered under Section 376 and 506 of the Indian Penal Code.
1 provisions across 1 enactments
Ram Yadav
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
