In a bail application regarding rape of a minor, the Patna High Court rejected the petitioner's submissions regarding statement inconsistencies and assault claims, holding that the petitioner's status as a rapist of a minor precludes bail.
Prayer for bail is 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.
Patna High Court Cr.Misc. No.48819 of 2017 (03) dt.14-11-2017
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48819 of 2017
Arising Out of PS.Case No. -560 Year- 2017 Thana -KATIHAR District- KATIHAR
====================================================== Ahtesham @ Ahtesham Khan @ T. V. Mistry Ehtesham, son of Basim Kha @ Basim Khan Resident of Mohalla - Baghwabari, P.S. - Nagar, District - Katihar.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bidhan Chandra Jha-Advocate For the Opposite Party/s : Mr. Binod Kumar-A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the petitioner as well as
03 14-11-2017
learned Additional Public Prosecutor.
Petitioner happens to be rapist of a minor girl.
It has been submitted on behalf of petitioner that in Para-4 of the case diary wherein further statement of informant has been incorporated, does not reveal with regard to an incidence committed on 08.08.2017. It has also been submitted that petitioner was brutally assaulted and then, was produced before the police and for that, counter-case has also been instituted. Also submitted that during course of examination of the victim, the doctor had not supported the case of the rape. Apart from this, there happens to be inconsistency in between statement recorded under
Patna High Court Cr.Misc. No.48819 of 2017 (03) dt.14-11-2017
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Section 161 Cr.P.C. as well as Section 164 of the Cr.P.C. of the
victim. So, petitioner should be released on bail.
On the other hand, learned Additional Public
Prosecutor.
Identifying the status of the petitioner, prayer for bail
is rejected.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail considering the gravity of the charge of raping a minor girl.
Whether the inconsistencies in the victim's statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. warrant bail.
2 provisions across 1 enactments
Ahtesham @ Ahtesham Khan @ T. V. Mistry
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
