Honourable Mr. Justice Partha Sarthy rejected an application for regular bail filed by the petitioner in a rape case under sections 376 and 448 IPC, citing the victim's consistent statement during investigation and the petitioner's antecedents.
Bail application rejected; trial expedited.
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.48634 of 2023
Arising Out of PS. Case No.-548 Year-2022 Thana- BAKHTIYARPUR District- Patna
======================================================
UMA SHANKAR KUMAR @ UMA SHANKAR YADAV S/O BIDDHI RAI @ VIDYANAND RAI R/O VILLAGE- CHAMPAPUR, PS. BAKHTIYARPUR, DIST. PATNA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-10-2023
for grant of regular bail in connection with Bakhtiyarpur P.S. Case no. 548 of 2022 registered under sections 376 and 448 of the Indian Penal Code.
Patna High Court CR. MISC. No.48634 of 2023(4) dt.11-10-2023 2/2
Investigating Officer. The petitioner is in custody since 7.11.2022 and investigation in the case has concluded.
(Partha Sarthy, J)
Bibhash
U
2 issues framed by the court
Whether the petitioner should be granted regular bail in a case of rape under sections 376 and 448 IPC.
Whether the victim's testimony under section 161 and 164 Cr.P.C. supports the prosecution case preventing bail.
3 provisions across 2 enactments
Uma Shankar Kumar @ Uma Shankar Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
