In a criminal miscellaneous application concerning sections 376/34 IPC, the court rejected an application for anticipatory bail but directed the lower court to consider regular bail if the petitioner surrenders within six weeks.
The application for anticipatory bail is disposed of. Prima facie regular bail to be considered if surrendered within six weeks.
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.2685 of 2020
Arising Out of PS. Case No.-36 Year-2015 Thana- MAHILA PS District- Gopalganj
====================================================== VIVEK SINGH Son of Sanjay Singh Resident of Village - Goplamath, Police Station - Thawe, District - Gopalganj.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr.Umeshanand Pandit ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 28-02-2020
Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report of Anwari Khatoon submitted before the Station House Officer, Gopalganj Mahila Police Station is to the effect that on 03.07.2015 at 12.00 P.M., the informant’s disabled and dumb daughter, Tunni Khatoon was ravished by the petitioner and co-accused, Anil Kumar Yadav. Though coaccused, Ail Kumar Yadav were apprehended on spot, but the petitioner escaped from the scene.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.2685 of 2020(2) dt.28-02-2020 2/3
that in a full-fledged trial, being Sessions Trial No. 50 of 2016, the co-accused Anil Kumar Yadav, has been acquitted vide order dated 22nd July, 2016, passed by the learned ADJ-I, Gopalganj. It is further submitted that the petitioner was not aware about lodging of the present case against him, since he had gone abroad to earn his livelihood. Moreover, no process has ever been served upon him.
It is submitted by learned APP for the State that the petitioner is named in the FIR with specific accusation.
Considering the fact that the FIR was registered in the year 2015 and the petitioner has preferred the present application in the year 2020, this Court is not inclined to release him on anticipatory bail.
However, keeping in view of the fact that coaccused, Anil Kumar Yadav, after facing trail, have been acquitted by the learned Court below, it is a case for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection Gopalganj (Mahila) P.S. Case No. 36 of 2015, pending before the learned SDJM, Gopalganj.
Patna High Court CR. MISC. No.2685 of 2020(2) dt.28-02-2020 3/3
With the above observation, this application is,
accordingly, disposed of.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail given the age of the FIR and acquittal of the co-accused.
Whether the petitioner should be granted regular bail upon surrender within a specified period.
1 provisions across 1 enactments
Vivek Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
