High Court rejected bail petition in an IPC Section 376 rape case. Court held that despite the FIR being lodged after five years and lack of medical injuries, the serious nature of rape and victim statement preclude bail issuance.
Prayer of bail rejected; trial directed to conclude within six months.
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.28652 of 2022
Arising Out of PS. Case No.-23 Year-2022 Thana- DHURAIYA District- Banka
======================================================
AZAM ANSARI Son of Haider Ansari Resident of Village - Khorimore, P.S. - Bhanduwakurara, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar @Deepak Sahay For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 11-08-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 23 of 2022 registered for the offence under Section 376 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 18.02.2022.
The allegation against the petitioner is to commit rape upon the informant/victim, on false pretext of marriage.
Learned counsel appearing on behalf of the petitioner submitted that the FIR was lodged after 5 years of the occurrence. It is also submitted that due to dispute related with
Patna High Court CR. MISC. No.28652 of 2022(3) dt.11-08-2022 2/3
fiscal transactions between the wife of the petitioner and informant/victim, the present false case is being lodged against this petitioner. It is also submitted that nothing surfaced during medical examination of the informant/victim, which may suggest that rape was committed upon her. It is also submitted that victim was consenting party but fairly conceded that the petitioner is a married person. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, submitted that from perusal of FIR, it appears that rape was continuously committed upon the informant/victim. It is also submitted that informant/victim specifically alleged the allegation against this petitioner in her statement recorded under Section 164 of the Cr.P.C. It is also submitted that rape is a legal finding not a medical finding and in absence of any injuries it cannot be construed ipso facto that rape was not committed. It is also submitted that petitioner is married person and from very inception of occurrence, he was not acted upon his promise.
In view of the submissions as made above, as act of petitioner suggesting of the fact that he was never intended to be
Patna High Court CR. MISC. No.28652 of 2022(3) dt.11-08-2022 3/3
act upon his promise of marriage, from very inception coupled with statement of victim recorded under Section 164 of Cr.P.C., this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer of bail of the petitioner is rejected herewith.
Trial Court is directed to proceed with the matter, by taking it on board, on daily basis, so as trial may conclude within six months.
Superintendent of Police, Banka, is directed to produced the charge-sheeted witnesses, as and when directed by the Trial Court, for expeditious disposal of trial, within specified time, as directed above.
(Chandra Shekhar Jha, J)
S.Katyayan/-
U T
2 issues framed by the court
Whether bail should be granted to the accused in a rape case where the FIR was lodged years after the alleged incident and investigation is complete.
Whether the delay in lodging the FIR and lack of injuries during medical examination negate the serious nature of the offence for bail purposes.
2 provisions across 2 enactments
Azam Ansari
State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
