Petitioner sought anticipatory bail in a 376/506 IPC and POCSO case. Court refused bail despite petitioner's claim of pregnancy-induced delay, citing victim's statement. Prayer refused.
Prayer for anticipatory bail refused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 51199 of 2016
Arising out of P.S. Case No. - 41 Year - 2016 Thana - MEDANICHOWK District - LAKHISARAI
====================================================== Karelal Mahton, Son of Ajo Mahto alias Bullak Mahton, Resident of Village - Khaba, P.S. - Mednichowki, Distt - Lakhisarai
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Manoj Kumar, Advocate For the Opposite Party : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
4 10-02-2017
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 506/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.
According to the FIR, the petitioner and two others committed rape on Rani Kumari. The victim girl has also supported the allegation before the police.
Submission of the petitioner is that there is delay in lodging of the FIR. The victim was found pregnant, hence, the allegation appears to be of consensual sex.
Considering the statement of the victim-girl, I am not inclined to grant anticipatory bail to the petitioner in connection
Patna High Court Cr.Misc. No.51199 of 2016 (4) dt.10-02-2017
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with Mednichowki Police Station Case No. 41 of 2016 pending in
the court of learned Additional Sessions Judge-I, Lakhisarai.
Hence, prayer for bail is refused.
(Birendra Kumar, J)
Kundan
U T
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner apprehending arrest in a rape case involving a pregnant victim.
2 provisions across 2 enactments
Karelal Mahton
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
