Dismissed

Rukman @ Lukman v. The State of Bihar

Patna HC1 Nov 2021CR. APP (SJ)/1483/2021

Case brief

AI extract

What is this about?

The Patna High Court dismissed a bail appeal challenging the rejection of anticipatory bail. Finding the allegations serious and directly against the appellant, the court quashed the order of additional bail. It directed that if the appellant surrenders and applies for regular bail within six weeks, it will be considered without prejudice to this order.

What did the court decide?

The appeal was rejected; directions issued to consider regular bail if appellant surrenders within six weeks.

Rukman @ Lukman Vs The State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1483 of 2021

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Arising Out of PS. Case No.-40 Year-2020 Thana- FULKAHA District- Araria

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======================================================

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RUKMAN @ LUKMAN Son of Bhutti @ Bhuttu Miyan Resident of Village - Moti Tappu, Ward No.- 18, P.S.- Fulkaha, Distt.- Araria.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Dr. Shashi Shekhar Kishore For the Respondent/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 01-11-2021

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Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

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The instant appeal has been filed by the appellant against the order dated 3.10.2020 passed by learned VI Additional Sessions-cum-Special Judge in ABP No. 1342 of 2020 whereby the prayer for bail of the appellant in connection with Fulkaha P.S. Case No. 40 of 2020 under Section 376 of the Indian Penal Code, section 4 of the POCSO Act and sections 3(2)(v) of the SC/ST Act was rejected.

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As per FIR, while the informant (Fulkumari, aged about 16 years) was returning to her home, two accused persons including the appellant were sitting ambushed and when she came near, they dragged her into a paddy field with bad intention and an attempt of rape was made upon her by co-

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Patna High Court CR. APP (SJ) No.1483 of 2021(2) dt.01-11-2021 2/3

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accused Nasibul.

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It is submitted by learned counsel for the appellants that the main allegation of rape is against the co-accused Nasubul and not against this appellant. There is no specific allegation against him. In FIR also, she takes the name of coaccused Nasibul.

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Learned Spl. P.P. has opposed the prayer of bail.

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Learned counsel appearing for the informant submits that informant has taken the name of this appellant in her statement recorded under section 164 C.R.P.C. and this fardbeyan supports the prosecution story.

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Having heard learned counsel for the parties and taking into consideration that allegation against the appellant is serious in nature and there is direct allegation against the appellant and it appears from para 98 of the case diary that during investigation the police has found the offence true against the petitioner and thereafter vide order dated 3.10.2020, the learned VI Additional Sessions-cum-Special Judge, Araria has rejected the anticipatory bail of the appellants.

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In view of the above, this Court does not find any infirmity or illegality in the order of learned Court below.

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Accordingly, the appeal with regard to the appellant

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Patna High Court CR. APP (SJ) No.1483 of 2021(2) dt.01-11-2021 3/3

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for release the appellant on anticipatory bail is rejected.

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However, if the appellant surrenders and prays for regular bail within a period of six weeks, the same shall be considered by the court below, without being prejudiced by the order of this Court.

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With the aforesaid observation/direction, the appeal stands disposed off.

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(Sunil Kumar Panwar, J)

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sushma/- U

Rukman @ Lukman v. The State of Bihar

Case brief

What is this about?

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Rukman @ Lukman v. The State of Bihar

Case brief

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