In this bail application, the High Court refused to enlarge the petitioner, finding that the evidence of rape and the delay in the medical report were serious considerations against granting bail.
The prayer for bail is refused; the petitioner is not to be enlarged.
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.31875 of 2022
Arising Out of PS. Case No.-51 Year-2022 Thana- FORBESGANJ District- Araria
======================================================
Rajesh Sah Son Of Rameshwar Sah R/O Village- Palasi, Ward No.-02, P.S.Narpatganj, District- Araria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Ms. Preety Kunwar, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P. For the Informant : Mr. Kumesh Kumar Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 17-03-2023 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and Mr. Mukesh Kumar Rana, learned counsel appearing on behalf of the Informant and Mr. Arun Kumar Singh, learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 354(A), 354(D), 506, 420, 34 of the Indian Penal Code and Section 67 of Information Technology Act and later on added Section 376, 499, 500 of the Indian Penal Code.
According to prosecution case, as per F.I.R. the
Patna High Court CR. MISC. No.31875 of 2022(5) dt.17-03-2023 2/3
informant stating therein that one unknown person for having cheated and sexually exploited by the petitioner by giving inducement to solemnize marriage and subsequently denied to solemnize marriage and further started harassment to the informant for making her photographs viral on Internet and started giving threat to informant and her father on their mobile and also posted obscene and nude videos and photographs of informant on Social Media.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the date of occurrence as alleged in the F.I.R. is 26.11.2021 but the present F.I.R. has been instituted on 14.01.2022. He further submits that there is contradiction between the statement of the victim who is informant of this case which was recorded under Section 161 of Cr.P.C. and 164 of Cr.P.C.
The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner on the basis of material available on the record and case diary submits that the statement of the victim girl which
Patna High Court CR. MISC. No.31875 of 2022(5) dt.17-03-2023 3/3
was recorded under Section 161 of Cr.P.C. and 164 of Cr.P.C. in which she has categorically stated that the petitioner has raped upon her and the medical report was conducted after two months delay.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Forbesganj P.S. Case No. 51 of 2022 pending in the court of learned Chief Judicial Magistrate, Araria.
Prayer is refused.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
1 issue framed by the court
Whether the prayer for bail in a non-bailable offence involving sexual assault and cheating should be granted.
Rajesh Sah
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
