Oral order denying regular bail to the petitioner in a kidnapping and rape case. The court refused the prayer considering the nature of the accusation and the victim's recorded statement, despite a claimed compromise between parties.
Prayer for regular bail was refused.
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.58158 of 2021
Arising Out of PS. Case No.-382 Year-2020 Thana- PAHARPUR District- East Champaran
======================================================
GOLU PATHAK Son of BinodaNand Pathak Resident of village - Saraiya Tilanga Tola, P.s.- Pahar Pur, Distt.- East Champaran.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Vijay Shankar Shrivastava For the Opposite Party : Mr.Anand Kishore Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 28-03-2022
Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under section 366A and other allied sections of the Indian Penal Code.
As per the prosecution case, petitioner kidnapped the daughter of the informant and committed rape on her.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is the next door neighbourer of the victim. Offence is said to have committed on 6.10.2020 and the FIR was lodged on 14.10.2020 and there is no explanation of delay. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 8.1.2021. Parties have compromised the matter and a compromise petition has
Patna High Court CR. MISC. No.58158 of 2021(3) dt.28-03-2022 2/2
also been filed in the Court below.
Learned counsel for the State opposes the prayer for bail and submits that the victim in her section 164 Cr.P.C. statement has supported the prosecution case and Court below has assessed her age to be 17 years.
Considering the nature of accusation and section 164 Cr. P. C. statement of the victim, prayer for bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving kidnapping and rape under Section 366A IPC.
Golu Pathak
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
