The High Court dismissed the criminal appeal against the rejection of anticipatory bail in a case involving rape and SC/ST atrocities. The court held that severe allegations support the case's progress under Cr.P.C. Sections 82 and 83, precluding bail relief.
The appeal stands dismissed. No relief is granted.
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 APPEAL (SJ) No.1354 of 2022
Arising Out of PS. Case No.-2 Year-2022 Thana- SC/ST District- Sheohar
======================================================
MD. LALBABU @ HEDATULLAH SON OF MD. ABDUL VADUD RESIDENT OF BASAHIA SHEIKH, WARD NO 08, P.S- PIPRAHI, DISTSHEOHAR
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Md. Jubair Ansari,Advocate For the Respondent/s : Mr.Binay Krishna,Spl. P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 09-02-2023 Heard learned counsel for the appellant and learned Spl. P.P. for the State.
The appeal is directed against the order dated 22.03.2022 passed in A.B.P. No. 126 of 2020 by the Additional Sessions Judge cum Special Judge, Sheohar arising out of Sheohar SC/ST P.S. Case No. 02 of 2022 for the offence registered under Sections 323, 452, 376, 504 and 506 of the Indian Penal Code and Section 3(I) (r) (b), 3 (2) (va) of the SC/ST (prevention of Atrocities) Act whereby and where anticipatory bail of the appellant was rejected.
As per the allegation, the victim girl alleged that after taking her photographs, he started blackmailing her and at a
Patna High Court CR. APP (SJ) No.1354 of 2022(3) dt.09-02-2023 2/3
lonely place, allegation is that he raped her and further threatened her that if she narrates this occurrence to anyone not only the photograph will be made viral, her son and husband will also have to face consequences as such on that day, she did not tell anyone about the occurrence.
This emboldened him and he repeatedly started raping her and allegation is that on 02.01.2022, when she was at home, he again entered his house and tried to rape her and when the husband of the informant came and confronted the accused, her husband was assaulted and the appellant also took her caste name. Accordingly, the FIR was lodged.
Learned counsel for the appellant submits that so far as the caste name is concerned, the lady belongs to OBC category and as such, the appeal is maintainable. Further, the entire story has been exaggerated just to implicate him as earlier her husband was serving under the accused persons.
Learned counsel for the informant, on the other hand, has provided a copy of the order passed by the learned Additional Session Judge-I-Cum-Special Judge, Sheohar to show that the case has been found to be true, charge sheet submitted, cognizance taken and further process under Sections 82 and 83 of Cr.P.C. have also been issued against the appellant.
Patna High Court CR. APP (SJ) No.1354 of 2022(3) dt.09-02-2023 3/3
Considering the aforesaid allegation that has come against the appellant as also the fact that lots of water has flown out the Ganges inasmuch as the process under Section 82 and 83 of the Cr.P.C. have been initiated against him, no relief can be granted and the appeal stands dismissed.
(Rajiv Roy, J)
Jagdish/Neha/-
U T
2 issues framed by the court
Whether bail should be granted to the appellant given the severe allegations of rape and SC/ST atrocities against him.
Whether the caste of the complainant affects the maintainability of the appeal in a case arising under the SC/ST (Prevention of Atrocities) Act.
3 provisions across 3 enactments
Md. Lalbabu @ Hedatullah
The State of Bihar
Mina Devi Bechan Thakur
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
