This appeal sought anticipatory bail for an accused charged with rape and offences under the SC/ST Act. The Court refused anticipatory bail, directing the appellant to apply for regular bail from the trial court.
The prayer for anticipatory bail was refused; the appellant directed to move the lower court for regular 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 APPEAL (SJ) No.181 of 2019
Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S. District- Siwan
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Pramod Yadav S/o - Bhagwan Shankar Rai resident of Village- Kalyanpur Dih, P.O. - Kalyanpur P.S.- Bidupur, Distt.- Vaishali.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Anish Chandra For the Respondent/s : Smt Usha Kumari No-1
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date : 27-02-2019
The appellant seeks pre arrest bail in connection with Mahila P.S. Case No. 28/2018, registered for offences punishable under Sections 376 of the Indian Penal Code and Section 3(i)(w)(ii), 3(ii) (va) of SC/ST Act.
Allegation against the appellant is of committing rape upon the informant on the false promise of marriage and she also became pregnant.
It has been submitted on behalf of the appellant is that he has falsely been implicated in this case and there was love affair between the parties ot of which, they made consensual physical relationship and the girl is major.
Learned Special P.P. opposed the prayer for bail on the ground that the appellants established physical relationship with the informant on the pretext of marriage and further the girl is also
Patna High Court CR. APP (SJ) No.181 of 2019 dt.27-02-2019 2/2
minor.
Having heard both sides, considering the facts and circumstances and the nature of accusation, this is not a fit case for grant of anticipatory bail rather appellant should surrender before the court below and make prayer for regular bail, which will be disposed of by the court below on the merit of the case, without being prejudiced by the order of this Court.
Accordingly, this appeal is dismissed.
(Vinod Kumar Sinha, J)
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1 issue framed by the court
Whether the appellant is entitled to the grant of anticipatory bail in a case involving rape and offences under the SC/ST Act.
2 provisions across 2 enactments
Pramod 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
