This order rejects the grant of anticipatory bail to the petitioner in a rape case. The court held that considering the nature of the serious allegations, it is not inclined to release the petitioner pending the completion of trial.
Application for anticipatory bail dismissed; petitioner liable to produce as and when required.
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.16367 of 2021
Arising Out of PS. Case No.-1621 Year-2010 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
======================================================
Md. Noor Alam @ Noor Alam S/O Safiur Rahman @ Md. Safiur Rahman R/O Village-Janipur, P.S-Bisfi, District-Madhubani.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shiva Shankar Sharma For the Opposite Party/s : Mr.Nitya Nand Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 09-12-2021 Let the defects, as pointed out by the office, be
removed when called upon to do so by the office.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered in connection with C.R.Case No. 1621 of 2010 for the offences punishable under Section 376 of the Indian Penal Code.
As per prosecution case, On 15.10.2007 petitioner came to the house of complainant and told her that her mother had telephoned from Delhi. After hearing the news, complainant accompany with the petitioner on motorcycle and on the way
Patna High Court CR. MISC. No.16367 of 2021(2) dt.09-12-2021 2/2
petitioner gave intoxicated water to the complainant and on the point of Chhura, he committed rape on her.
Learned counsel for the petitioner submits that after completion of investigation, final form has been submitted by the police, thereafter on protest petition cognizance has been taken by the lower court.
Considering, the nature of allegation against the petitioner, I am not inclined to release the petitioner on anticipatory bail in connection with C.R.No. 1621 of 2010, pending in the court of Additional Chief Judicial Magistrate-I, Benipatti, Madhubani stands rejected.
(Sunil Kumar Panwar, J)
N.K/-
U T
2 issues framed by the court
Whether the petitioner should be released on anticipatory bail in a case involving rape allegations.
Whether the final stage of investigation negates the need for anticipatory bail in serious sexual offences.
1 provisions across 1 enactments
Md. Noor Alam @ Noor Alam S/O Safiur Rahman
Raushan Khatoon D/O Md. Tahir
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
