Oral order rejecting bail prayer in a rape case under IPC 376. Bench observed that FIR was lodged next day after occurrence following petitioner's refusal to join Panchayati, rejecting defense of extortion and holding prayer rejected.
Prayer for bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26323 of 2020
Arising Out of PS. Case No.-194 Year-2019 Thana- LADANIA District- Madhubani
====================================================== DEO NARAYAN BHANDARI Son of Late Hitai Bhandari Resident of Village- Lachhaminiya Maliya Tol, P.S.- Ladaniya, District- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. with Mr.Rakesh Kumar Sharma, Adv. For the Opposite Party/s : Mr.Anuj Kumar Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 12-11-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.
Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.
Mr.Anuj Kumar Srivastava, learned APP, is appearing as it is submitted that the brief has been allotted to him by the office of Advocate General. His name may also be printed in the
Patna High Court CR. MISC. No.26323 of 2020(3) dt.12-11-2020 2/3
cause list.
Heard learned senior counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.
The petitioner seeks bail in Ladaniya P.S. Case no. 194 of 2019 instituted for the offence under Section 376 the Indian Penal Code.
It is alleged that the petitioner has committed rape upon the disabled daughter of the informant.
The learned senior counsel appearing on behalf of the petitioner submits that the allegation is based on extraneous consideration to extort money. The F.I.R. has been lodged on the next day after the occurrence. Petitioner is in custody since 17.11.2019.
The learned APP submits that the F.I.R. discloses that petitioner has been seen coming out of the informant’s house. The petitioner refused to participate in the ‘ Panchayati ’, only thereafter, the FIR has been lodged on the next day. There is direct allegation of committing rape against the petitioner.
Patna High Court CR. MISC. No.26323 of 2020(3) dt.12-11-2020 3/3
Considering the rival submissions, this Court, for the present, is not inclined to allow the petitioner’s prayer for bail. Prayer for bail is rejected.
(Madhuresh Prasad, J)
shyambihari/-
U T
1 issue framed by the court
Whether bail should be granted in a rape case involving a disabled victim given allegations of extortion and delay in FIR.
DEO NARAYAN BHANDARI
THE STATE OF BIHAR
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
